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The Florida High School Mock TrialOfficial Competition Packet

State of Floridav.

Jesse WoodsonVersion 1.1 October 27, 2011

Adapted with Permission from People v. Woodson by theConstitutional Rights Foundation

601 Kingsley DriveLos Angeles, California 90005

Phone: 213-487-5590 Website: www.crf-usa.org

Special thanks to:J. Scott Slater of Hill Ward Henderson Law Firm

Melina Buncome, Public Defender, 4th Judicial CircuitThe Mock Trial Subcommittee of the Florida Bar Law Related Education Committee for

their contributions to the development of this year’s case materials.

Permission to reprint this packet is granted for educational use only.Any relationship of any character to an actual person, either living or dead, is completely coincidental

and unintended.

The Florida Law Related Education Association, Inc.

Th e Flor id a Law Relat ed Educat ion Associ a t ion , In c .2930 Kerry Forest Parkway, Suite 202

Tallahassee, Florida 32309Office (850) 386-8223 ▪ Fax (850) 386-8292

E-mail: ECrowe@flrea.org▪ Web site: http://www.flrea.org

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TABLE OF CONTENTS

I. Trial Overview ..................................................................................................................4

II. Code of Ethical Conduct ...................................................................................................5

III. 2012 Mock Trial Case

A. Case Summary .................................................................................................................... 6B. Information (Charging Document) ..................................................................................... 8C. Witness, Exhibit Lists ....................................................................................................... 10D. Stipulations ....................................................................................................................... 11E. Witness Affidavits

For the Prosecution1. Angel Sterling ............................................................................................................ 132. Dr. Sam Holloway ..................................................................................................... 183. Chris Draper .............................................................................................................. 22

For the Defendant1. Jesse Woodson .......................................................................................................... 262. Madison Jackson ........................................................................................................ 313. Dr. Brooke Crane ....................................................................................................... 35

E. Exhibit List1. A: A diagram of the area around Powell Avenue ...................................................... 382. B: A diagram of Angel Sterling’s injury .................................................................... 393. C: Narrative from Detective Cooper’s police report .................................................. 404. D: Printout from the FacePlace page created by Jesse Woodson ............................... 425. E: Blackwatch Log from February 22, 2011 .............................................................. 456. F: Printout from Angel Sterling’s Buddylink message page ...................................... 47

F. Applicable Statutes.................................................................................................................. 48G. Jury Instructions ……………………………………………………………………………. 52

IV. Rules of the State Competition

Rule I: Team Composition/Presentation ...................................................................56Rule II: The Case........................................................................................................57Rule III: Trial Presentation ..........................................................................................57Rule IV: Student Attorneys..........................................................................................58Rule V: Swearing of Witnesses ..................................................................................59Rule VI: Case Materials...............................................................................................59Rule VII: Trial Communication ....................................................................................59Rule VIII: Trial Start Time.............................................................................................59Rule IX: Conduct/Attire...............................................................................................60Rule X: Videotaping/Photography .............................................................................60Rule XI: Witnesses ......................................................................................................60Rule XII: Jury Trial ......................................................................................................60Rule XIII: Viewing a Trial .............................................................................................60Rule XIV: Decisions ......................................................................................................60

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Rule XV: Time Limits...................................................................................................61Rule XVI: Judging..........................................................................................................62Rule XVII: Dispute Settlement .......................................................................................63Rule XVIII: Reporting a Rules Violation Outside the Bar ..............................................64Rule XIX: Score Sheets/Ballot .......................................................................................64Rule XX: State Competition Power Matching/Seeding Model ....................................64Rule XXI: Completion of Score Sheet ..........................................................................65Rule XXII: State Competition Team Advancement ........................................................65Rule XXIII: Effect of a Bye/Default .................................................................................66Rule XXIV: Eligibility......................................................................................................66Rule XXV: State Competition Awards ............................................................................66Rule XXVI: Interpretation of State Competition Rules ....................................................66Rule XXVII:Circuit Competition ......................................................................................67

V. Simplified Rules of Evidence and Procedure

A. Witness Examination/Questioning.........................................................................68B. Objections ..............................................................................................................73C. Trial Motions .........................................................................................................81D. Attorney Demeanor................................................................................................81

VI. Guidelines for Teacher and Attorney Coaches .............................................................82

VII. Guidelines for Judges

A. Score Sheet/Ballot..................................................................................................84B. Explanation of Ratings Used on Score Sheet ........................................................85

VIII. Ballots and Forms

A. Presiding Judge Ballot ...........................................................................................86B. Most Effective Attorney Award Ballot..................................................................87C. Most Effective Witness Award Ballot ...................................................................88D. Legal Professionalism Award Ballot .....................................................................89E. Complaint Form .....................................................................................................90F. Team Dispute Form ...............................................................................................91G. Team Roster Form .................................................................................................92

IX. Professionalism.................................................................................................................93

X. Oath of Admission to The Florida Bar ..........................................................................94

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TRIAL OVERVIEW

I. The presiding judge will ask each side if they are ready for trial. Team rosters/roles should be presentedto the judges.

II. Presiding judge announces that all witnesses are assumed to be sworn.

III. Opening Statements - no objections allowed; however, after each opening has concluded, the opposingcounsel may raise his/her hand to be recognized and state that if they could have objected they wouldhave objected to. The presiding judge does not need to rule on this. No rebuttals allowed.

IV. Cases presented. See Rule XV for the trial sequence and time limitations.

V. Closing Statements - no objections allowed; however, after each closing statement has concluded, theopposing counsel may raise his/her hand to be recognized and state that if they could have objected -they would have objected to...The presiding judge does not need to rule on this. An optional rebuttal (upto 1 minute) reserved in advance will be permitted for the Prosecution.

VI. No jury instructions need to be read at the conclusion of the trial.

Judges should complete score sheets before debriefing. This is crucial and ensures completed scoresheets.

VII. If a material rules violation is entered, scoring judges should exit the courtroom but stay in the vicinity.The presiding judge will follow the rules for this type of dispute. Scoring judges will return to thecourtroom to determine if the presiding judge feels the dispute may be considered in scoring. Specificforms are needed. See Rule XVII - DISPUTE SETTLEMENT.

VIII. Critique (One team exits the courtroom during the critiques). JUDGES DO NOT ANNOUNCESCORES OR PERFORMANCE DECISIONS!

IX. ALL DECISIONS OF THE JUDGES ARE FINAL. Debrief/Critique ONLY.

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CODE OF ETHICAL CONDUCT

The purpose of the Florida High School Mock Trial Competition is to stimulate and encourage a deeperunderstanding and appreciation of the American legal system by providing students the opportunity toparticipate actively in the legal process. The education of young people is the primary goal of the mock trialprogram. Healthy competition helps to achieve this goal. Other important objectives include improvingproficiency in speaking; listening, reading, and reasoning skills; promoting effective communication andcooperation between the educational and legal communities; providing an opportunity to compete in anacademic setting; and promoting tolerance, professionalism, and cooperation among young people of diverseinterests and abilities.

As a means of diligent application of the Florida High School Mock Trial Competition's Rules of theCompetition, the Mock Trial Advisory/Policy Committee has adopted the following Code of Ethical Conductfor all participants.

1. Team members promise to compete with the highest standards of ethics, showing respect for their fellowteam members, opponents, judges, evaluators, attorney coaches, teacher coaches, and mock trialpersonnel. All competitors will focus on accepting defeat and success with dignity and restraint. Trialswill be conducted honestly, fairly, and with the utmost civility. Members will avoid all tactics theyknow are wrong or in violation of the rules, including the use of unfair extrapolations. Members will notwillfully violate the rules of the competition in spirit or in practice.

2. Teacher coaches agree to focus attention on the educational value of the Mock Trial Competition. Theyshall discourage willful violations of the rules. Teachers will instruct students as to proper procedureand decorum and will assist their students in understanding and abiding by the competition's rules andthis Code of Ethical Conduct.

3. Attorney coaches agree to uphold the highest standards of the legal profession and will zealouslyencourage fair play. They will promote conduct and decorum in accordance with the competition's rulesand this Code of Ethical Conduct. Attorney coaches are reminded that they are in a position of authorityand thus serve as positive role models for the students.

4. All participants (including observers) are bound by all sections of this code and agree to abide by theprovisions. Teams are responsible for insuring that all observers are aware of the code. Students,teacher coaches, and attorney coaches will be required to sign a copy of this code. This signature willserve as evidence of knowledge and agreement to the provisions of the code. Teams will receive scoreson ethical conduct during each round.

5. Staff and Mock Trial Advisory Committee members agree to uphold the rules and procedures of theFlorida High School Mock Trial Competition while promoting ethical conduct and the educationalvalues of the program.

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CASE SUMMARY

The city of Pikesville, Florida, has been having a difficult time lately. The economic downturn has caused manyresidents to lose their jobs and has resulted in a dramatic rise in crime. In many neighborhoods, there has been arise in the number of groups of young people who spend most of their time together, outside on the streets.

One such group has formed near Powell Avenue. The group refers to itself as the Pirates, taking the name of thelocal community college sports team. Most of the Pirates attend the same school, Paul Laurence Dunbar HighSchool. An 18-year-old named Jesse Woodson sometimes associates with this group.

In the past nine months, many home burglaries have occurred in Pikesville. The fact pattern is nearly identicalin each case. The burglar or burglars enter through a window in the middle of the night and steal theprescription medication found in the bathroom and kitchen. The police have investigated the burglariesextensively, but no arrests have been made.

Angel Sterling recently moved with Angel's mother to Pikesville from Nebraska. They live with Angel'smaternal grandparents. Angel has had a difficult time adjusting to the new home, especially with making friendsat Dunbar High School. The Pirates and Angel have had problems with each other right from the start, andAngel has complained to school officials about the Pirates. Sydney Campbell, the vice principal, has spoken tothe Pirates about the situation.

Angel spends most of the time on the computer to keep in touch with friends from Nebraska and to meet newfriends online. S/He likes to use Buddylink, an instant messenger service, and FacePlace, a popular socialnetworking site. S/He has also spoken with Campbell about his/her adjustment to Pikesville.

On February 21, 2011, Angel was up late talking online when s/he discovered two people wearing ski masks inhis/her grandparent's bathroom. The two were rifling through the medicine cabinet and tossing pills into abackpack. Surprised, one of the intruders dropped the bag and spilled its contents onto the ground. The othergrabbed Angel's hair and whispered menacingly to Angel, "If you ever tell anyone about this, you’ll get a brickto the head." The two then ran out the front door. When the police investigated, they found a studentidentification card belonging to Madison Jackson lying on the bathroom floor.

The police interviewed Madison at school the next day, February 22. Madison denied all charges, and the policeeventually let Madison return to class. When Madison entered the classroom, Madison's teacher Chris Draperbelieved that Madison made a threat against Angel. Because of Madison's alleged threat against Angel, Madisonwas suspended from school on February 23 for one week.

Beginning the afternoon of February 22, Angel began to receive a string of messages through Buddylink fromunrecognized users. Some messages accused him/her of being a snitch and others threatened to harm him/her.Angel blocked each person, but the messages continued to flood in from new accounts. Angel also discoveredthat a FacePlace page had been set up titled "Clip Angel's Wings." Jesse Woodson appeared as the name of theperson who set up the page. The page contained postings from other students whose names Angel recognized asmembers of the Pirates.

Angel's mother made him/her delete all of his/her Internet profiles and abstain from Internet usage. She alsodecided to keep Angel out of school for a while until the situation calmed down. During the next few weeks,

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Angel's mother retrieved all of his/her homework from school, but Angel was still in such emotional distressthat s/he barely completed any assignments, and his/her grades plummeted.

On Friday, March 11, Angel's mother made Angel return to school for a half-day. Angel left school at noonafter Chris Draper's computer class. Draper escorted Angel to the entrance of the school. When the pair openedthe door, they saw Jesse Woodson leaning against a brick building across the street. Jesse walked off whenDraper approached, and Angel left to go home.

Angel was later discovered at 1 p.m., lying in an alleyway next to a run-down apartment building. The alleywayis located between the school and Angel's home. Angel had suffered a major injury to the back of the head. Thealleyway had several red bricks lying on the ground. A brick was lying a few inches from Angel's head withcongealed blood and hair on one of the corners.

At the hospital, Angel's mother told the police about the online messages against Angel. The investigatingofficer, Detective Cooper, went to interview Jesse Woodson later that day. During the interview DetectiveCooper saw red dust under Jesse's fingernails and shirt and took samples. The police later traced the Internetmessages to a computer in Dunbar High School.

Angel suffered a concussion, and the wound required 16 stitches to close. Angel also slipped intounconsciousness and remained that way for two days. When Angel awoke, s/he said the last thing s/heremembered was a voice say "Gotcha now!" Angel said the voice sounded like Jesse Woodson's voice.

Jesse was arrested and charged with aggravated battery in violation of section 784.045, Florida Statutes. Jessewas also charged with violating section 784.049, Florida Statutes, the recently enacted Anti-Cyberbullying Act,which makes it a crime to bully or harass a person through electronic means.

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IN THE CIRCUIT COURT OF THE TWENTY FIRST JUDICIAL CIRCUITIN AND FOR SCOTT COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,

Prosecution,

v. Case No. 11-0011-H

JESSE WOODSON,

Defendant.

/

INFORMATION

In the name of and by the authority of the State of Florida:

W. George Tate, State Attorney for the Twenty-First Judicial Circuit of the State of Florida, charges that

in Scott County, Florida, the above-named Defendant committed the following crimes.

COUNT I

On or about March 11, 2011, in violation of section 784.045, Florida Statutes, Jesse Woodson

committed an Aggravated Battery upon Angel Sterling by intentionally striking Angel Sterling with a brick in

the back of his/her head, causing great bodily harm, and during the commission of the crime, Jesse Woodson

carried or had in his possession a brick, which constitutes a deadly weapon.

COUNT 2

Between February 22 and March 11, Jesse Woodson committed Cyberbullying in violation of section

784.049, Florida Statutes by transmitting, sending, and/or posting communications by electronic means –

namely, the popular internet sites FacePlace and Buddylink – with the purpose to frighten, coerce, intimidate,

threaten, abuse, harass, or alarm Angel Sterling, and in furtherance of severe, repeated, or hostile behavior

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toward Angel Sterling.

Gabriel S. SlatenGabriel S. SlatenAssistant State AttorneySTATE OF FLORIDASCOTT COUNTYW. GEORGE TATE, STATE ATTORNEYTWENTY-FIRST JUDICIAL CIRCUIT

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WITNESS LIST

Prosecution: Defense:

1. Angel Sterling 1. Jesse Woodson

2. Dr. Sam Holloway 2. Madison Jackson

3. Chris Draper 3. Dr. Brook Crane

*Each team must call all three witnesses for their respective party.

**Witnesses may be male or female.

EXHIBIT LIST

Only the following physical evidence may be introduced at trial:

A. A diagram of the area around Powell Avenue.

B. A diagram of Angel Sterling's injury.

C. Narrative from Detective Cooper’s police report.

D. Printout from the FacePlace page set up by Jesse Woodson.

E. Blackwatch log from February 22, 2011.

F. Printout from Angel Sterling’s Buddylink Message Page

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STIPULATIONS

Stipulations shall be considered part of the record. Prosecution and defense stipulate to the following:

1. Florida High School Mock Trial Rules of Evidence and Procedure apply.

2. All of the exhibits referred to above are authentic and accurate copies of the documents. Noobjections as to the authenticity of the exhibits may be made. Exhibits may still be objectionable under theFlorida High School Mock Trial Rules of Evidence and will require a proper foundation for admission.

3. All witness statements were given under oath.

4. All charging documents were signed by the proper parties.

5. Jurisdiction and venue are proper.

6. The arrest warrant was based on sufficient probable cause and properly issued.

7. The contents of the Blackwatch log are accurate.

8. The building next to the alleyway where Sterling was found was undergoing extensive repairsand was uninhabited.

9. Dr. Holloway and Dr. Crane are qualified expert witnesses and can testify to each other'sstatements and relevant information they would have reasonable knowledge of from other witness statements.

10. The narrative from Detective Cooper’s police report is a true and accurate recitation of thenarrative from the actual police report prepared on March 18, 2011. The parties have stipulated that, becauseDetective Cooper is unavailable for trial, the prosecution can admit the narrative into evidence as an exhibitthrough Dr. Holloway, as a police department employee who reviewed and is otherwise familiar with the report.However, the parties reserve any and all objections that may apply to certain portions of the narrative to theextent those portions would be objectionable if Detective Cooper were testifying to the information himself, liveand on the witness stand. In that regard, the parties may argue that the narrative should be admitted by thejudge only after certain redactions are made. The judge is free to accept or reject such arguments. If the judgeagrees that certain redactions should be made, the redactions will be deemed to have been made constructively.

11. Both doctors reviewed and analyzed all relevant reports.

12. The absence of lab reports may not be questioned.

13. The absence of photographs may not be questioned.

14. All physical evidence and witnesses not provided for in the case are unavailable and theiravailability may not be questioned.

15. The diagram of the area around Powell Avenue is an accurate diagram of the area, and thediagram of Angel Sterling’s injury is an accurate diagram of the injury. Neither party can challenge theauthenticity of the exhibits.

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16. The blood and hair sample taken from the brick belong to Angel Sterling. There can be nochallenge to chain of custody regarding these samples or any other forensic evidence.

17. Beyond what's stated in the witness statements, there was no other forensic evidence found inthis case.

18. All witness statements were taken in April 2011.

19. Physical descriptions of the victim, the defendant and of the witnesses are accurate and may notbe questioned.

20. Jesse Woodson is right-handed and Madison Jackson is left-handed.

21. Angel Sterling did not respond to any of the messages posted on Buddylink or FacePlace.

22. Jesse Woodson filed a pretrial motion challenging the constitutionality of section 784.049,Florida Statutes. The trial court denied the motion. No rearguing of the pretrial motion is permitted.

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IN THE CIRCUIT COURT OF THE TWENTY FIRST JUDICIAL CIRCUITIN AND FOR SCOTT COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,

Prosecution,

v. Case No. 11-0011-H

JESSE WOODSON,

Defendant.

/

SWORN STATEMENT OF ANGEL STERLING

My name is Angel Sterling. I am 15 years old and I live with my mother and1

grandparents on 288 Gilmore Avenue, one block south of Powell Avenue. I've lived there since2

November 2010, when my mother and I moved from Nebraska. I am now a freshman attending3

Paul Laurence Dunbar High School.4

It's been difficult for me to adjust to Pikesville and make new friends. For some reason,5

the other kids at school started picking on me immediately. My old school wasn't like this at all.6

Everyone was friendly and knew each other. Here the kids make fun of how I talk and the words7

I use. I sometimes feel like being intelligent is viewed as a negative personality trait. When I8

transferred, Vice Principal Campbell offered to give me an orientation of the school before9

starting classes, which he said was standard procedure for new students and helps with their10

adjustment to DHS. My mom said that wasn’t necessary. Looking back, I wonder if that would11

have helped, but doubt it.12

The bullying is done by the Pirates. They're a group of troublemakers at school, and I'm13

their favorite target. They like to punch me in the shoulder when I'm carrying my books and to14

slam me into the lockers. The ringleader of the group is Jesse Woodson. Jesse is older and works15

with the school computer club run by Chris Draper, one of my teachers. Jesse will hang around16

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outside the school sometimes on other days, waiting for the Pirates to get out of school I guess. I17

have made complaints about them. Jesse has come up to me a few times and told me to quit18

making trouble for Madison Jackson and the rest of the Pirates, as if it was my fault.19

Another problem for me is living in Pikesville. It is completely different from Nebraska.20

We didn't have to lock our doors in Nebraska, but there's no telling what might happen to you in21

Pikesville. There are muggings and even murders. Shortly after I arrived, my grandparents told22

me that a lot of apartments and homes were being broken into.23

I was getting by, however, and things had started to get better until the burglary at our24

home. I've always been a good student and had no trouble fitting in academically. I was getting25

straight A's in all my classes. Chris Draper even wanted me to join the computer club, but there26

was no way I would ever join with Jesse around.27

Chris Draper and Vice Principal Campbell talk to me every so often to see how things are28

going. They started to talk to me in early December. They told me I needed to find a social group29

at the school and wanted me to join the computer club to meet new friends. I told them that I'm30

fine with my online friends.31

I spend a lot of my time on the computer chatting with my old friends. I use the site32

FacePlace. It allows you to create a personal profile listing your likes and interests. You can also33

write public or private messages to people on your friends' list. I also use Buddylink, for instant34

messaging. I probably spend around five or six hours a night on average talking online. My mom35

doesn't like it much, but I really feel that my online friends are the only ones who understand me.36

In mid-December, I was called into Campbell's office about the Pirates. I guess Draper37

saw the Pirates messing with me. I told Campbell that the Pirates make fun of me and where I'm38

from, call me a “freak,” “nerd,” and “loser,” and even push me around in the hallway. Campbell39

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promised to speak to the Pirates and said that Campbell's office was always open if I had any40

problems. I don't know what Campbell said to the Pirates, but it seemed to work for a while.41

On the night of February 21, I was up late chatting to a new friend from Australia. I heard42

noise coming from the bathroom. It was late, and my mom and grandparents were both asleep.43

Curious about the noise, I went to the bathroom and turned on the light. I saw two people44

wearing ski masks standing in my bathroom. They had a backpack open and were tossing my45

grandfather's medicine into it. I know I surprised them because they dropped the bag when I46

turned the light on. Everything in the bag spilled onto the floor. One of them started tossing47

things back in the bag, but the other one grabbed my hair. The one that had my hair said, "If you48

ever tell anyone about this, you’ll get a brick to the head." The voice was muffled by the ski49

mask, but it sounded like Jesse Woodson. The two then ran out the front door.50

I was quite scared. I didn't sleep that night and instead waited on the couch. When my51

mother woke up, she saw the mess in the bathroom and called the police. My mom kept me from52

school that day to help calm me down. I didn't say who I thought the two people in the bathroom53

were, because I didn't want to have the Pirates really come down on me. But if you ask me, I54

think Jesse and Madison had something to do with the burglary.55

That afternoon on Buddylink, I started to accept messages from new people, who turned56

out not to be friends. I guess the Pirates found out I'm a Buddylink user from computer lab. I'm57

always forgetting to log out of my account. I have seen Madison, Jesse, and other Pirates in the58

computer lab before. When I see them, I leave immediately.59

The messages were scary. They called me a "dirty snitch," and one of the messages by60

someone named "Jolly Roger" said, "U know wut u deserve? A brick to the back of the head and61

I have 1 with ur name on it." This sounded like something Jesse would say, and I was terrified. I62

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remember getting that message around 4:00 p.m. A classmate had told me a story once about63

Jesse hitting another kid with a brick, so I knew Jesse was serious. I also discovered that the64

Pirates had a page on FacePlace about me. It was called "Clip Angel's Wings," and Jesse had65

created it. Every page lists the page's creator. A lot of nasty things were written there. One66

comment from Jesse said, "Someone should teach that kid a lesson. Anyone got a brick? LOL!"67

And then Madison posted that PLDHS would be better off without me.68

I still didn't want to say anything, but I figured that since I never told about the robbery69

but was being blamed anyway, there was no reason to keep it to myself. On February 25, I told70

my mom about the messages, and she freaked out. She talked to Campbell on the phone, told71

about the messages, said that I wouldn't be going to school until this all blew over, and that I72

would have to quit all my online accounts for the time being.73

It was a terrible time. I was stuck inside the house all day and all night and couldn't talk74

to anyone else. I didn't know what the Pirates were thinking and getting ready to do to me either.75

I got real sick and would throw up and have other stomach problems. I wasn't able to focus on76

my homework and did very poorly for myself.77

I think the drop in my grades is what made my mom decide it was time for me to go back78

to school. She made me go to school for a half-day on a Friday as a test, just to test the water, so79

to speak. That was March 11. It wasn't as bad as I thought it would be, but I was still pretty80

scared. I got nasty looks, but no one tried to attack me. At lunchtime, which is at noon at my81

school, I waited in Chris Draper's room until the halls had cleared. Draper then led me to the82

main enhance of the school. When the door opened, I immediately saw Jesse Woodson waiting83

across the street. I don't know how Jesse knew I'd be there, but there was Jesse, waiting for me.84

Jesse walked off when Draper approached, but I was still terrified.85

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It normally only takes me five minutes to get home, but I wanted to let Jesse get far86

enough ahead in case Jesse decided to wait for me. I ducked into a convenience store. I looked87

through a bunch of magazines to buy time, and I must have been in there about 20 minutes or so88

before leaving. As I continued back home, I kept looking for Jesse. I felt like I was an animal89

being stalked.90

There's an alleyway on Powell Avenue that cuts over to my street. I've never gone down91

it because of the crime in this city, but when I peered down and saw that it that it was empty, I92

decided to risk it. I must have only gotten about ten steps in when I heard a voice behind me say,93

"Gotcha now!" It sounded just like Jesse Woodson's voice. I wasn't able to do anything—not turn94

around, not run, not even yell—before something hard struck the back of my head, and95

everything went black.96

The next thing I remember is waking up in the hospital with a massive headache and my97

head wrapped in bandages. I've never seen my mom cry as much as when I woke up. I had a98

concussion and 16 stitches in my head. I had even been sleeping for two days! When the police99

came, I told them everything I could remember. The Pirates already think I'm a snitch, so100

whatever. Detective Cooper sat down with me and asked me questions. He showed me a101

diagram of the area around Powell Avenue, and I confirmed where certain things were located.102

The police arrested Jesse Woodson later that day. I say good riddance.103

Angel Sterling104

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IN THE CIRCUIT COURT OF THE TWENTY FIRST JUDICIAL CIRCUITIN AND FOR SCOTT COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,

Prosecution,

v. Case No. 11-0011-H

JESSE WOODSON,

Defendant.

/

SWORN STATEMENT OF DR. SAM HOLLOWAY

My name is Sam Holloway. I'm 50 years old and a forensic pathologist with Pikesville1

Police Department. I've been in this field for 19 years. I received my medical degree from the2

University of Sunnylands and a B.A. in forensic science from the University of Pikesville,3

graduating summa cum laude. In addition, I've kept up with the latest advancements in forensic4

science by continually reviewing forensic science journals and attending conferences. I have5

testified as an expert witness in more than 60 trials.6

I was asked to analyze the Sterling case. I began by speaking with Detective Cooper and7

then examining the police reports on the incident, the medical reports, and photographs of Angel8

Sterling's injuries. I examined the brick found at the scene believed to be the attack weapon, and9

I chemically analyzed suspicious materials found on a suspect's body and clothing.10

From the reports, it is clear that Angel had a deep laceration about 2 inches above and 211

inches behind the left ear. The wound was approximately a quarter-inch at its deepest point. The12

wound proceeded along a downward straight line for approximately two and half inches. An13

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artist-rendered diagram of Angel’s injury was prepared, which I confirmed was consistent with14

the photographs.15

The injury was highly suggestive of blunt force trauma from an object with straight edge.16

Blunt force trauma can cause loss of memory. The amnesia can be either anterograde (the17

inability to create new memories after the trauma), retrograde (the inability to recall events that18

took place before the trauma), or both. Post-traumatic amnesia may sometimes occur19

immediately following a traumatic head injury. The victim may be confused and unable to20

remember events. Anterograde amnesia may lead the victim to a partial or complete incapacity21

to recall the recent past, while memories from before the trauma remain intact. Retrograde22

amnesia may lead the victim to a partial or complete incapacity to recall events that occurred23

before the trauma. Angel shows no evidence of either form of amnesia. Of most importance in24

this case is Angel's memory of the voice before being struck with the brick. Angel remembers25

the past and remembers being struck with something hard in the head in addition to recalling26

hearing a voice immediately prior to the trauma. It does not appear from the medical reports that27

Angel suffers from retrograde amnesia.28

The brick was a standard-size red house brick. It was eight inches long, four inches wide,29

two and one-quarter inches deep and weighed just less than six pounds. There was a patch of30

dried blood on one of the corners with a visible strand of hair. It was the only blood on the whole31

brick. I took samples of the blood and hair from the brick and compared them to samples taken32

from the victim. The DNA of the blood and the hair both matched the samples taken from Angel33

Sterling. The chances a match happening randomly are about one in 7,000. I concluded that the34

brick was indeed the instrument of the assault. I also tested the brick for fingerprints but was35

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unable to find anything. This is not surprising as the surface of a brick is usually, but not always,36

too porous and irregular for a fingerprint to be discernible.37

I chemically tested the composition of the brick. The results showed that the particular38

brick was a concrete mix that had been coated with calcium silicate. Coating bricks helps protect39

from the weather and outside forces. Calcium silicate is an extremely common choice as a brick40

coating. A second brick given to me by Detective Cooper was also coated in calcium silicate and41

made of concrete.42

I also tested the dust samples Detective Cooper provided to me. The samples consisted of43

a reddish powder found on the defendant's fingernails and shirt. Each sample was revealed to be44

calcium silicate residue. I concluded that the samples were consistent with the coating on the45

assault weapon. This evidence is consistent with the theory that the chemical composition of the46

red dust taken from Jesse Woodson's clothing matches the chemical composition of the brick that47

caused Angel Sterling's injuries.48

I've read Dr. Crane's report and disagree with a number of Crane's conclusions. Crane49

believes that the victim's injuries were caused by a left-handed attacker or the brick may have50

fallen from a nearby building. I believe these theories to be inaccurate. The theory that the51

attacker was left-handed rests on two major assumptions. First, it relies on the idea that the52

attacker struck from directly behind Angel. If the attacker was positioned more toward the side,53

or Angel happened to have turned at the last moment, the hypothesis has almost no standing.54

And second, it rests on the assumption that the attack was caused by a swing. If the brick was55

thrown, the same false assumptions apply. The brick would have just as likely struck the right or56

left side of Angel's head regardless of which hand the assailant threw from.57

21

My opinion is that the evidence is consistent with the theory that the assailant approached58

Angel Sterling from behind in the alleyway and either swung the brick into or threw the brick at59

Angel's head, striking Angel and causing Angel's injuries. The velocity of a swung brick or of a60

brick thrown from a short distance would be close to the same and would cause similar injuries.61

Dr. Crane does not offer any proof that the victim's injuries were caused by a falling62

brick. The odds are much against the chance of a brick falling from a building at the very63

moment Angel was passing by. Such an event is not impossible, but statistically improbable.64

Dr. Sam Holloway65

22

IN THE CIRCUIT COURT OF THE TWENTY FIRST JUDICIAL CIRCUITIN AND FOR SCOTT COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,

Prosecution,

v. Case No. 11-0011-H

JESSE WOODSON,

Defendant.

/

SWORN STATEMENT OF CHRIS DRAPER

My name is Chris Draper. I'm 33 and I teach math and computers at Paul Laurence1

Dunbar High School. I graduated from Freemont University with a dual degree in mathematics2

and computer science and then went on to get my master's in education from Cortez University.3

I've been at Dunbar for seven years now. I've really enjoyed my time there though things4

have gotten more difficult in recent years. A lot of the students' parents have lost their jobs, and5

that kind of thing will always affect their children. The students are acting up more, and the6

number of detentions and suspensions has increased. Bullying has also become quite prevalent. I7

take bullying seriously and try to make sure my classroom is a safe environment for all students,8

but it's impossible to catch everything. I'm happy the state legislature stepped up with that anti-9

cyberbullying law that was passed recently.10

Angel Sterling joined my class earlier this school year and right from the start had trouble11

fitting in. Some kids in school call themselves the Pirates and try to act tough. In mid-December,12

I observed the Pirates making fun of Angel's family, where Angel came from, and the fact that13

Angel was smart. I sent these students to see Campbell.14

23

I was concerned about Angel, so I reached out to Angel’s mother. She told me Angel15

was having a tough time all around. She said that Angel didn't like living in a city and was16

constantly anxious about something bad happening. She also said that Angel was spending17

several hours a night on the computer, sometimes as much as seven or eight hours. This18

concerned me greatly, because it sounded like Angel had not made any friends at Dunbar, which19

could negatively affect Angel's adjustment to our school.20

When I talked with Angel, it was clear to me that Angel was having problems living in21

Pikesville. Angel expressed a fear that he "could be robbed or murdered at anytime." I tried to22

provide social alternatives to Angel. I suggested that Angel join the school's computer club23

because he was gifted with computers and math and was easily one of my top students, but also24

because it would provide the opportunity to meet new friends. But Angel told me, "What's the25

point? The Internet is all I have. I'd be lost without it." All I could do was advise Angel's mother26

to seek counseling and try and interest Angel in other activities.27

Jesse Woodson used to be a student of mine. I've always thought Jesse was pretty much a28

good kid. When Jesse applied for an internship with our computer lab, I was happy. Jesse has29

always been something of a natural when it comes to computers. Jesse comes in three days a30

week to help me with the after-school computer club and shows up now and again at other times31

to use the computer lab.32

The school computer lab adjoins my main room. Except for when I conduct my computer33

class twice each day, the room is open to anyone in the school, provided they respect the34

equipment. The computers are all monitored by a software program called Blackwatch, which35

makes sure the students aren't looking up inappropriate material. Social networking sites like36

24

FacePlace had been previously allowed, but after this whole incident they've been added to the37

banned sites list.38

Blackwatch requires the students to log in with a personal access code created for each39

student. The code is good throughout that student's time at Dunbar and expires on graduation.40

When Jesse began the internship, I created an access code to use the school's computers. When41

students stop using the computer they're supposed to log out. The computer also logs out42

automatically after being idle for half an hour. The students routinely forget to log out, and since43

so many students go in and out of the lab all the time, the automatic logouts aren't always44

activated. Often students are using a computer that might be logged in under a different student's45

access code.46

One day in late February, the police interrupted my class. They had found Madison47

Jackson's school identification card at the scene of a burglary the night before. The police spoke48

to Madison, but no arrest was made. When Madison returned to class, I heard Madison tell a49

classmate, "Angel snitched on me and now I'm going to have to hunt that little rat down after50

school." I immediately sent Madison to Sydney Campbell's office. I'm not sure what happened,51

but I did see Madison in computer club after school. Jesse was helping the students with their52

projects. I assumed that the vice principal gave Madison a warning, but I learned the next day53

that Madison was suspended from school for a week.54

I also learned from Campbell that Angel would be out of school for an extended amount55

of time, and I should drop off all my assignments in the main office for Angel's mother. When56

Angel's assignments were returned to me, I was shocked by how bad they were. Angel's work57

had fallen off considerably, with most of the work receiving D's or even F's.58

25

Vice Principal Campbell also informed me that Angel's mom had told Campbell that59

Jesse was connected to the Pirates. Campbell told me that we should tell Jesse not to work at60

school until this was all sorted out. I told Jesse not to come to the computer class for the time61

being. Jesse stormed off, mumbled something under his breath about Angel, and appeared to be62

very angry.63

I was relieved to see Angel finally back in school in mid-March, even though Angel64

looked tired and nervous. At lunchtime, Angel asked to wait in my classroom for a few minutes65

and then for me to walk Angel to the main door. When I escorted Angel out, I opened the main66

door and saw Jesse Woodson leaning against a brick building on the other side of the parking lot.67

I think Angel saw Jesse too because Angel looked scared. Jesse was carrying something. I'm not68

sure what it was, but it was red. I don't remember what Jesse was wearing. I started to walk69

toward Jesse, but I was distracted by another student, and when I turned around I saw Jesse walk70

east down Payson Avenue. I encouraged Angel to come to class just to be cautious, but Angel71

insisted on going home and waited a few moments before walking off in the same direction. I72

heard later that day that Angel had been attacked on the way home with a brick and that Jesse73

Woodson was a suspect.74

The day after the incident, I received a request from Pikesville Police Department for the75

Blackwatch log from February 22 and the master login code. The request stated that the76

information was needed in the investigation of the attack on Angel Sterling. At the time, I had no77

idea what the computers had to do with the attack on Angel.78

Chris Draper79

26

IN THE CIRCUIT COURT OF THE TWENTY FIRST JUDICIAL CIRCUITIN AND FOR SCOTT COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,

Prosecution,

v. Case No. 11-0011-H

JESSE WOODSON,

Defendant.

/

SWORN STATEMENT OF JESSE WOODSON

My name is Jesse Woodson. I'm 18 years old and live at 445 Gilmore Avenue. I attended1

high school for a year, but decided it wasn't for me and got my GED instead. I attend a local2

junior college part-time. I worked at a grocery store for a while and then at a restaurant, but both3

jobs were cut back. Until recently, I had an internship working as an assistant in a computer club4

after school from 3:00-4:00 at my old high school, Dunbar, a few times a week. I spend the rest5

of my time now helping out at home and taking care of my little sister Harriet who is 14 and in6

ninth grade at Dunbar.7

People think I'm a troublemaker, but I've only really been in trouble once. A few years8

ago this boy kept bugging my sister Harriet, even after I told him to stop. One day, I saw him9

push her to the ground and hit her. Without really thinking, I grabbed a brick and threw it at him.10

I only meant to scare him, but the brick hit him in the chest. The cops arrested me, but I was11

never charged.12

27

Because I'm at Harriet's school a lot, I get to be like a parent or mentor to a lot of the13

students, including a group called the Pirates. I give them advice and help them out in a way no14

one ever did for me. They even call me the "Captain," and I really like how that sounds. One of15

the things I do for the Pirates and other kids is teach them all about computers. I never did well16

in school, but I've always understood how to use computers. Everyone is always coming up to17

me with questions and asking for help with making their homework and projects look better. I18

really like making fake websites and messing around with the designs. I'm also really into19

graphic design on the computer. I often leave my school assigned access code logged in so I can20

teach the students about a new program I found or an interesting website.21

So one day in early December, the Pirates came up to me and said that this kid named22

Angel Sterling was causing problems for them and even got some of them in trouble. I didn't23

know what was going on. A lot of my friends were having problems with Angel so I spoke to24

Angel myself a few times to make sure Angel didn't cross the line. Angel told me one time that25

he hated living in Pikesville and said, "I'll do anything to get back to Nebraska.” I think Angel is26

trying to get attention by stirring up drama.27

Then in February, Angel tried to frame Madison for all those burglaries happening28

around town. Madison didn't get arrested, but got suspended from school instead. The same day29

that Madison's suspension began (February 23), Chris Draper tells me not to come around to the30

computer club anymore. A lot of the Pirates wanted to beat Angel up, but the last thing I wanted31

was for any of them to end up in juvenile detention. Madison in particular was really upset, and I32

was worried Madison might do something without thinking it through.33

On February 22, I decided to set up a page on FacePlace. FacePlace is a social34

networking site where friends can post messages to each other and discuss topics in forums35

28

called threads. I thought that if the Pirates had a place to go and vent about Angel, then maybe it36

would calm them down. I gave it a provocative title to get them to sign up and soon everyone37

was on there talking about what they'd like to see happen to Angel.38

I even said some things too, like how someone should teach the angel a lesson and39

posted, "Someone should teach that kid a lesson. Anyone got a brick? LOL!" I was just kidding,40

though. My friends tease me about my previous incident with a brick, so it would be kind of like41

an inside joke. It was pretty stupid given how things turned out. Someone must have taken things42

too seriously and ended up going after Angel with a real brick. All I know is I had nothing to do43

with it.44

I was at the club on the day the Buddylink messages were sent, but I did not send Angel45

any messages. I used to use Buddylink, but now I find it a little juvenile. Although I don't use46

Buddylink, I often show students how to use it. I do not have an active Buddylink account.47

The day Angel got hurt started out as a pretty typical one for me. I woke Harriet up and48

made her breakfast while she got ready. I walked her to school, and I came back home, stopping49

first at the grocery store for a few things. I watched TV and cleaned up the place. At some point,50

I got a call from Madison to ask me what I was up to that night. Madison had pretended to be51

sick and wasn't in school that day. We talked about seeing a movie later, but we didn't know52

what was playing.53

I saw Harriet's lunch box on the counter. She often forgets to bring her backpack or lunch54

or even her homework to school. It seems like I'm constantly at school bringing her things she55

leaves at home. On that day, she forgot her lunch for the hundredth time this year. Good thing56

my schedule is flexible, and I'm often free during the day so I can drop things off for her at57

29

school. On that day, I walked to the school around noon to deliver Harriet her lunch and wait for58

her to come out and get it.59

The lunchbox is red and made of plastic. Harriet was late coming out that day.60

Sometimes she skips lunch and just reads in the library. I started to think that's what was going61

on, but I just waited across from the school to make sure, leaning up against a wall while I62

waited. I saw Chris Draper and Angel open the door, and Draper immediately started coming my63

way. There was something in Draper's look, like I was in trouble or something. A lot of adults64

give me that look even though I'm not doing anything wrong. Who needs it? Draper had even65

yelled at me just a few weeks before. I was tired of it all. I turned and walked away before66

Draper could say anything.67

I was back home just a few minutes when Madison called again about the movies that68

were playing. That call must have been between 12:15 and 12:30. We decided to see The69

Martian Dragon, a movie about the kid and his time-traveling dragon from outer space. I also70

told Madison about what happened outside the school. Madison was interested in hearing that71

Angel was back around. Madison even said, "So Angel's finally in the open again." After that, I72

ate Harriet's lunch myself so as not to waste it, and then I took a nap on the couch.73

Detective Cooper woke me up a few hours later. The officer wanted to know where I had74

been that day and what I was doing. The officer asked if I knew anything about an assault on75

Angel Sterling. I told the officer the truth, which was that I knew nothing about it. The detective76

was really interested in dust under my fingernails and on my shirt. It had rubbed off from the77

brick wall I was leaning against. You get that stuff on you so often around here that you stop78

noticing it. The detective left, and I thought that the whole thing would drop since I hadn't done79

anything. But a couple of days later, they came back and arrested me. To make matters worse,80

30

the school has fired me permanently from my position. I never touched Angel, and all I want is81

to get back home and take care of my friends and family again.82

Jesse Woodson83

31

IN THE CIRCUIT COURT OF THE TWENTY FIRST JUDICIAL CIRCUITIN AND FOR SCOTT COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,

Prosecution,

v. Case No. 11-0011-H

JESSE WOODSON,

Defendant.

/

SWORN STATEMENT OF MADISON JACKSON

My name is Madison Jackson. I'm 16 years old and in the tenth grade at Paul Laurence1

Dunbar High School. People like to call me "Mad Jack" because they think I'm crazy. I'm not2

really crazy though: I've just got style.3

I belong to the Powell Avenue Pirates, a bunch of friends from Dunbar. We've gotten an4

unfair reputation, all of us Pirates. We're just friends looking out for one another.5

Jesse Woodson has an undeserved reputation too. Jesse has never actually done anything6

physical except that one time when someone went after Jesse's little sister Harriet. Jesse is7

protective of Harriet and walks her to and from school every day. I have also seen Jesse bring8

Harriet her lunch in a silly red lunch box that we make fun of all the time. Jesse is really smart9

too, especially with computers. Jesse is great at making web pages and graphic designing. Jesse10

also knows computer programs and teaches us all about them in computer club. Some students11

use Buddylink, but I don't have an account. I don't understand why anyone would use Buddylink;12

I prefer to call my friends. I did not send Angel a Buddylink message.13

32

Angel Sterling moved to town last winter. I knew Angel was going to be a problem right14

from the start. Angel has no respect for anyone and doesn't understand how to make it in15

Pikesville. Angel likes to show off in class and will smirk when other students don't know the16

answers to questions. I've said some things to Angel about it, but Angel just mocked me. One17

time after we were in the same group for an assignment, Angel looked at me and said "Good job18

this time. I'm impressed that you knew the answer." It was really snide. All of us Pirates feel the19

same way. We don't want anything to do with Angel, and we make that feeling known.20

I wouldn't call any of it bullying, but even if it was, it's not like it was ever serious. Angel21

did rat on us about it anyway, and Draper sent us to the vice principal's office. Campbell warned22

us to leave Angel alone and gave us detention. Campbell also said we would be suspended if the23

bullying continued. I don't understand what the big deal was. If you ask me, I would say that24

Angel is really sensitive.25

I thought everything was cool, but in late February, I got called into the vice principal's26

office again. The police were there, and they wanted to talk about a break-in at Angel's house.27

They seemed to think I had something to do with it. I thought they were crazy. I've never been28

near that house. They had my school identification card, but I don't know how or where they got29

it. I had lost that card weeks earlier. It had been in my bag at school, but it just vanished one day.30

At the end of the interview, the police just let me go back to class, because they had nothing.31

I really couldn't believe what was happening. I figured that Angel was trying to get back32

at me for the cold shoulder, but the whole mess was so unbelievable. I was worried about what33

would happen if Angel kept on making up stories. Angel is this star student and everyone thinks34

I'm a thug, who are adults going to believe in the end?35

33

So the incident made me really mad. I told the other Pirates and Jesse about it all that36

night and they were pretty mad too. We all got together and started this burn page about Angel37

on FacePlace. I knew that Angel liked to use those sites too, and I was hoping Angel would see38

the posts and regret making up stories about me. We all just wrote down what we thought of39

Angel and things we'd like to do to Angel. It was just talk, and we never were going to act on it. I40

mean if you did act on it after writing it all down first, you'd have to be some kind of moron,41

right? Everyone was involved and said things, everyone in the Pirates that is. I think it had an42

effect. When I came to school the next day, I found out I was suspended for a week. Draper43

thought I said something about Angel after I got back from the cops, but I swear I didn't. Later44

the Pirates told me Angel stopped coming to school.45

The day Angel got hurt I was at home sick. My parents work days so I had to spend the46

time home alone. I called Jesse on the phone at about 12:15, and we talked about seeing a movie47

that night if I was feeling better. Jesse told me that Angel was back in school. Jesse had seen48

Angel while going to drop off Harriet's lunch. By that point, neither of us cared about Angel at49

all, and we discussed other things instead. That night, the other Pirates told me that Angel had50

been hit with a brick while walking home and that the cops were looking at Jesse.51

I think this whole thing is a bunch of crap. I know Jesse, and Jesse's not cold enough to52

do this to Angel or anybody. Jesse would have to be personally provoked first. And just because53

Angel got hit with a brick, it does not mean Jesse did it. That is crazy. The whole city is made54

out of those bricks so anyone could have done it. And everyone said mean things about Angel on55

the computer, including myself, to be completely honest. The cops just want to pin it on Jesse56

because that's the easiest thing to do.57

34

And now I recently found out that the school is suspending me for four weeks because58

they found out about the FacePlace page and the things I said about Angel. This is all just59

unbelievable.60

Madison Jackson61

35

IN THE CIRCUIT COURT OF THE TWENTY FIRST JUDICIAL CIRCUITIN AND FOR SCOTT COUNTY, FLORIDA

CRIMINAL DIVISION

STATE OF FLORIDA,

Prosecution,

v. Case No. 11-0011-H

JESSE WOODSON,

Defendant.

/

SWORN STATEMENT OF DR. BROOK CRANE

My name is Dr. Brook Crane. I am 55 years old, and I am currently the head of the1

Forensic Science Department at Wilshire University where I oversee the department and teach2

toxicology and other subjects. I received my undergraduate degree in biochemistry and forensic3

science from Hearst University and my M.D. from Rose University. I completed my residency4

and fellowship in Forensic Pathology at Rose Medical Center. I worked as a forensic pathologist5

for over 20 years with the New York Police Department before returning to academia. I have6

published in numerous journals and co-wrote the current textbook used at Wilshire University7

and other leading forensic science programs. I am also currently serving my second term as a8

vice president in the Academy of American Forensic Sciences. I have testified at more than 709

trials as an expert witness.10

I was contacted by the defense and agreed to take this case pro bono. I reviewed all the11

case materials, including witness statements, the stipulated facts, and the police and medical12

reports. I have come to the opinion, based on several reasons, that the evidence does not strongly13

support a conclusion that Jesse Woodson assaulted Angel Sterling.14

36

The first reason is that the wound suffered by Angel suggests an attack by a left-handed15

assailant, and Jesse Woodson is right-handed. If we assume for the moment that the brick was16

swung and not thrown, several key facts support this idea. First, the laceration was on the left17

side of the back of Angel's head. Next, the laceration was deepest at the top, suggesting that that18

the top was the initial point of impact. Finally, the laceration proceeded downward on a19

relatively straight line.20

The most natural way people swing objects is with their dominant hand. For instance, a21

right-handed attacker would swing from the right. The most natural target for a right-handed22

attacker would be the right side of Angel's head. A right-handed attacker could have directed the23

swing to hit the left side of Angel's head, but in that case the swing would not have felt as24

natural, and would likely not have been as powerful. The wound would have some angle to it as25

the arm retracted back to the right. None of this is visible in Angel's wound. The wound is much26

more consistent with an assault from a left-handed attacker attacking from behind the victim.27

If the brick were thrown, the wound is also more likely to have been caused by a left-28

hander, for similar reasons. It is also possible the brick was not thrown at all, but fell. With29

gravity as the only applicable force, a falling brick from almost any height could easily have30

gained enough speed to cause Angel's injuries. That apartment in the alleyway was dilapidated31

and undergoing renovation at the time of the incident, making it more likely than normal that a32

brick could fall of its own accord, or caused by the vibration from a truck passing nearby. Indeed33

the police detective who secured the crime scene stated that many bricks were lying on the34

ground in the alleyway. My opinion is that the evidence does not allow one to conclusively rule35

out the theory that a brick fell from the building and accidentally struck Angel.36

37

Another issue we must consider is memory reliability. The victim in this case received a37

severe blow to the head causing loss of consciousness (LOC). Such a trauma could have serious38

effects on the brain, including visual impairment, loss of hearing, or irregular short-term39

memory. Irregular short-term memory loss means the victim may have trouble accurately40

recalling recent events immediately before or after the trauma. The injury could also cause the41

victim not to remember his or her name, where he or she is, or even the date. There are two types42

of amnesia: retrograde amnesia (loss of memories that were formed shortly before the injury) and43

anterograde amnesia (problems with creating new memories after the injury has taken place).44

Given the severe injury to Angel's head, that Angel was unconscious for two days, and Angel's45

heightened fear of being attacked, it is likely that Angel's memory of the voice before the attack46

is not a real memory at all, but a created memory of something that did not occur.47

Finally, I don't place much faith in the test results of the powder on Jesse's shirt and48

fingernails. Calcium silicate was commonly used to coat the bricks that make up the buildings of49

Pikesville. There is no way to trace that powder to a specific brick. It could have come from any50

brick in the city.51

There is no scenario that can be conclusively be eliminated by the evidence, but my52

opinion is that the most likely scenario is that the brick fell from above and struck Angel Sterling53

by accident. The next most likely scenario is that the brick was swung into Angel's head, and as I54

stated earlier, if this was the case, the assailant was almost certainly left-handed. The least likely55

scenario is that the brick was thrown. My opinion is that the evidence does not support the theory56

that a right-handed assailant struck Angel Sterling from behind.57

Dr. Brook Crane58

38

DunbarHighSchool

39

40

EXHIBIT CNarrative from Police Report by Detective Frankie Cooper dated March 18, 2011

On March 11, 2011, I received a call about a possible attempted murder. I was in transitwhen the call came in, so I arrived before the ambulance. The victim was a 15-year-old studentnamed Angel Sterling who had been hit in the head. The incident occurred in an open-endedalleyway between 135 Powell Avenue and 137 Powell Avenue. The victim was located near theentrance of the alleyway from Powell Avenue. The victim was found face down with the victim'sfeet directed toward Powell Avenue. I saw a fairly severe wound on the back of the victim'shead. Angel was breathing but nonresponsive. The paramedics came and moved Angel onto astretcher. I began examining the crime scene.

The alleyway had several red bricks lying around. One brick was 19 inches from the leftside of where the victim's head had been. Upon examining the brick, I noted it was spattered witha brownish red substance. Based on my training and experience, I concluded that the substancewas most likely blood. The blood contained strands of hair. I obtained samples of both the bloodand the hair and marked the brick as evidence. Based on my discovery of the brick and thepositioning of the body, I formed the opinion that the victim was struck from behind in the headwith the brick with considerable force.

The building at 135 Powell Avenue was a brick apartment building. The building's brickswere the same red color as the brick located near the victim. I circled the building and discoveredthat it was fairly dilapidated and currently undergoing renovation. The main door was securedwith a steel chain and a deadbolt lock that was intact. On the other side of the building, part ofthe wall had caved in. I seized a loose brick from the wall for comparison to the bricks in thealleyway.

I then proceeded to Pikesville Hospital. I learned from the doctor's report that Angel hadsuffered a deep laceration to the back left side of the head that required 16 stitches to close. Theinjury had also caused a concussion, and Angel was still unconscious.

I met with Mrs. Rosa Sterling, the mother of the victim, Angel Sterling. Mrs. Sterlinginformed me that Angel had been receiving threats from a group of students at Angel's Highschool called the Pirates. Mrs. Sterling told me that the Pirates had accosted Angel at school andthrough online programs like FacePlace and Buddylink. She said the abuse had intensified aftertheir home was broken into. It had gotten so bad that Angel had been kept out of school forseveral weeks and only had returned that very day.

Mrs. Sterling told me that the leader of the group was a kid named Jesse Woodson andthat Jesse had specifically threatened to strike Angel with a brick.

After finishing at the hospital, I proceeded to the Woodson residence. Jesse deniedknowing anything about the incident. Jesse was wearing a white shirt. During the interview, Inoticed a red dust-like substance on both sides of the shirt near the hips. The same substance wasalso clearly visible under Jesse's fingernails. I obtained samples from both the shirt and thefingernails for further testing by our forensics lab and ended the interview.

Page 1 of 2

41

That same day, I also investigated other possible suspects, including the Pirates. I foundno evidence linking them to the assault.

The next day I began to investigate the electronic messages received on the victim'scomputer through the instant messaging service Buddylink. The specific message was from auser named "Jolly Roger" and said, "U know wut u deserve? A brick to the back of the head andI have 1 with ur name on it." Like other instant messaging services, Buddylink allows users tocreate a unique profile and then directly connect to other available users. Each user has a specificlist of friends to easily access. A user can, however, also use a search engine to find any userregardless of whether they are friends or not.

When users send messages through Buddylink, each computer links their IP addresses,and a record of the message is stored on each computer. It's similar to how phone tracing works.I used a tracing program on Angel's computer to discover that the message in question camefrom a computer at Paul Dunbar High School.

Through my investigation, I discovered the school uses a software program calledBlackwatch, which I'm very familiar with. Blackwatch supervises Internet content for children. Italso requires anyone who wishes to use the computer to log in. Blackwatch keeps a record of alllogins stored in the database on the computer. That database is completely inaccessible to allusers except the one who has the master user login. In this case, the computer teacher, ChrisDraper, had the master login. I requested the logs, all access codes, and the master user loginfrom Chris Draper. I used it to retrieve the Blackwatch log and discovered that when thecomputer sent the message to Angel's computer (3:45 p.m.), Jesse Woodson's access code waslogged in to that computer.

Two days after being hit on the head, Angel Sterling regained consciousness. I askedAngel what had occurred in the alleyway, and Angel told me that right before blacking out, avoice from behind shouted, "Gotcha now." Angel believed the voice to be Jesse Woodson's.

Later that day, I received the forensics lab report. The hair and blood on the brick foundat the scene did come from Angel Sterling. Furthermore, the brick was coated with a materialcalled calcium silicate, which can easily rub off on contact with the brick. The samples Icollected from Jesse Woodson's shirt and fingernails were both shown to be calcium silicate.

Based on all the available evidence I had probable cause to arrest Jesse Woodson for theassault of Angel Sterling, and I arrested Jesse Woodson that evening.

Detective Frankie Cooper

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Clip Angel’s WingsGroup

FacePlace HOME MESSAGES FRIENDS PAGES SETTINGS

Send a MessageJoin this GroupReport this Group

Post a Note!New Note:

Post It! Cancel

About this Group:This group is all about aDHS student who’s mouth isalways running to teachersand principals. Feel free tosound off about this littlesnitch!126 Members

Creator:Jesse WoodsonCreated on:February 22, 2011

Kris Mathers: Do you think everyone from where ever this kid camefrom is such a nasty rat? We should put a dead rat in Angel’s lockeras a welcome back present…if that pansy ever has the guts to comeback.March 10, 2011.6:26pm

Madison Jackson: Probably. Should go back towhere they came from.

Comment

Peyton Simpson: Angel is SOOOOO weird and such a stuck up littleb****– always thinking they’re better than everyone else. Sry - not allof us are dating our textbooks like you.March 5, 2011.7:26am

Comment

Tanya Smith: We could make a fake FacePlace profile to makeAngel think some hottie is trying to hook up with Angel – then whenit gets all intimate we can print flyers and put it all over school. LOL.March 8, 2011.7:14am

Comment

Riley Adams: Hahaha omg Tanya that would beso funny.

EXHIBIT DPage 1 of 3

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Melissa Grayson: Bahahaha it was soooo funny today. Angeltripped + dropped all kinds of books and papers on the floor andeveryone was just staring and cracking up. What a dork! Wish youhad seen it Mad Jack – u would have died laughing. Miss u – howlong you out 4?February 24, 2011.4:21pm

Comment

Madison Jackson: Little jerk got me kicked out fora week. Miss u 2.

Madison Jackson: DHS would be better off without a nothing likeAngel. Your life at DHS is over.February 24, 2011.10:47pm

Martina Sanders: HARSH!

Jesse Woodson: Haha.

Comment

Amy Jacobs: Angel is suuuuuuch a loser. I thinkMikey said it best – Angels a freak.

Warren Peters: Still 2 scared 2 come to school I guess.February 26, 2011.12:06am

Comment

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Warren Peters: Aw poor little baby – had to stay home cause theywere scuuuured. Little punk can’t even show around school. Good –stay home. No one wants u here.February 25, 2011.3:15pm

Comment

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Jesse Woodson: U guys needed somewhere tovent about that kid. Ur welcome – LOL.

Madison Jackson: Angel told the whole world I was part of thatrobbery – that loser needs to pay. Chubby nerd like that shouldnever have been born.February 23, 2011.5:47pm

Mikey Fernandez: Someone finally made a FacePlace page aboutthis little freak – 2 funny.February 22, 2011.4:45pm

Jesse Woodson: Someone should really teachthat kid a lesson. Anyone got a brick? LOL!

Tanya Smith: Hahaha. Ur so funny Captain

Comment

Comment

Danny Livingston: That sux Mad Jack!

Marcus Walker: U now we got ur back

Ally Patel: Oh no Maddy! What a bigmouth. Nvrliked that kid.

Tucker Landings: That kids in trble now…

Madison Jackson: 4 real? Angel’s not coming toschool? Hahaha perfect. What a wimp.

Riley Adams: I know right? Wimp’s not even theright word. I made a move on Angel as a joke andAngel didn’t even know what to think.

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Computer Access Log22 February 2011Master Login: C. DraperAuthorization Code: 56901810

User ID (PAC): WoodsonJRegistered to: Jesse WoodsonAuthorization Code: 45492962Log in: 1535Log out: 1625 (Automatic – time out)

User ID (PAC): PrichardMRegistered to: Morgan PrichardAuthorization Code: 65299642Log in: 1500Log out: 1515 (Manual)

User ID (PAC): FernandezMRegistered to: Michael FernandezAuthorization Code: 51889292Log in: 1442Log out: 1455 (Manual)

User ID (PAC): NancePRegistered to: Peter NanceAuthorization Code: 51884812Log in: 1245Log out: 1350 (Automatic – time out)

User ID (PAC): BushellCRegistered to: Carlton BushellAuthorization Code: 29949842Log in: 1203Log out: 1241 (Automatic – time out)

Blackwatch Computer and Internet Access Monitoring Systems

EXHIBIT EPage 1 of 2

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User ID (PAC): BurkeHRegistered to: Harrison BurkeAuthorization Code: 65618185Log in: 1102Log out: 1151 (Manual)

User ID (PAC): SterlingARegistered to: Angel SterlingAuthorization Code: 89784156Log in: 0945Log out: 1042 (Automatic – time out)

User ID (PAC): BlackNRegistered to: Nicole BlackAuthorization Code: 14151561Log in: 0909Log out: 0953 (Automatic – time out)

User ID (PAC): MarksTRegistered to: Toby MarksAuthorization Code: 51516266Log in: 0801Log out: 0814 (Manual)

User ID (PAC): MichaelsPRegistered to: Patricia MichaelsAuthorization Code: 78594631Log in: 0736Log out: 0755 (Manual)

Blackwatch Computer and Internet Access Monitoring Systems

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47

BUDDYLINK

`

V Logged Inas:NBAngel

>FRIENDS (148)V

ConversationsJollyRogerHuskers422 AWAY

GmaStrlng JTB4U AWAY

MadJax AWAY

KGM1DHSLAX34

GmaStling says: Hey honey! How are you?Message sent at 2:21pm – 02.22.11NBAngel is AWAYNBAngel has returned at 5:31pm

NBAngel says: Hey Gma – doing okay. Trying to keepbusy – study, study, study.Message sent at 5:33pm – 02.22.10

SEND

JollyRoger says: Ur such a nark. Every1 hates u. Uknow wut u deserve? A brick to the back of ur headand I got 1 with ur name on it.Message sent at 3:52pm – 02.22.11NBAngel is AWAYNBAngel has returned at 5:31pm

SEND

KGM1 says: Not only are you astuck up loser w/no life, butnow u r nothing but a littleattention whore. Go back where ucame from.Message sent at 4:57pm – 02.22.11NBAngel is AWAYNBAngel has returned at 5:31pm

SEND

DHSLAX34 says: You’re nothing but adirty snitch. If I were you Angel, I wouldkeep an eye on my wings - you pimplefaced freak.Message sent at 2:33pm – 02.22.11NBAngel is AWAYNBAngel has returned at 5:31pm

SEND

PROFILEHOME SETTINGSMESSAGES

SEARCH

EXHIBIT F

48

APPLICABLE STATUTES

Florida Statute § 784.03: Battery; felony battery

(1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of theother; or

2. Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanorof the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery andwho commits any second or subsequent battery commits a felony of the third degree, punishableas provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction”means a determination of guilt that is the result of a plea or a trial, regardless of whetheradjudication is withheld or a plea of nolo contendere is entered.

Florida Statute § 784.045: Aggravated battery

(1)(a) A person commits aggravated battery who, in committing battery:

1. Intentionally or knowingly causes great bodily harm, permanent disability, orpermanent disfigurement; or

2. Uses a deadly weapon.

(b) A person commits aggravated battery if the person who was the victim of the battery waspregnant at the time of the offense and the offender knew or should have known that the victimwas pregnant.

(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree,punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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Florida Statute § 784.049: Cyberbullying1

(a) As used in this section:

(1) “Communication” means the electronic communication of information of a person'schoosing between or among points specified by the person without change in the form orcontent of the information as sent and received; and

(2) “Electronic means” means any textual, visual, written, or oral communication of anykind made through the use of a computer online service, Internet service, telephone, orany other means of electronic communication, including without limitation to a localbulletin board service, an Internet chat room, electronic mail, a social networking site, oran online messaging service.

(b) A person commits the offense of cyberbullying if:

(1) He or she transmits, sends, or posts a communication by electonic means with thepurpose to frighten, coerce, intimidate, threaten, abuse, harass, or alarm another person;and

(2) The transmission was in furtherance of severe, repeated, or hostile behavior towardthe other person.

(c) The offense of cyberbullying may be prosecuted in the county where the defendant waslocated when he or she transmitted, sent, or posted a communication by electronic means, in thecounty where the communication by electronic means was received by the person, or in thecounty where the person targeted by the electronic communications resides.

(d) Cyberbullying is a Class B misdemeanor.

1 This is a fictional Florida statute.

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Florida Statute § 1006.149: Antibullying policies2

(a) The Legislature finds that every public school student in this state has the right to receive hisor her public education in a public school educational environment that is reasonably free fromsubstantial intimidation, harassment, or harm or threat of harm by another student.

(b) As used in this section:

(1) “Attribute” means an actual or perceived personal characteristic including withoutlimitation race, color, religion, ancestry, national origin, socioeconomic status, academicstatus, disability, gender, gender identity, physical appearance, health condition, or sexualorientation;

(2) “Bullying” means the intentional harassment, intimidation, humiliation, ridicule,defamation, or threat or incitement of violence by a student against another student orpublic school employee by a written, verbal, electronic, or physical act that may addressan attribute of the other student, public school employee, or person with whom the otherstudent or public school employee is associated and that causes or creates actual orreasonably foreseeable:

(A)Physical harm to a public school employee or student or damage to the publicschool employee's or student's property;

(B) Substantial interference with a student's education or with a public schoolemployee's role in education;

(C) A hostile educational environment for one (1) or more students or public schoolemployees due to the severity, persistence, or pervasiveness of the act; or

(D)Substantial disruption of the orderly operation of the school or educationalenvironment;

(3) “Electronic act” means without limitation a communication or image transmitted bymeans of an electronic device, including without limitation a telephone, wireless phone orother wireless communications device, computer, or pager;

(4) “Harassment” means a pattern of unwelcome verbal or physical conduct relating toanother person's constitutionally or statutorily protected status that causes, or reasonablyshould be expected to cause, substantial interference with the other's performance in theschool environment; and

(5) “Substantial disruption” means without limitation that any one (1) or more of thefollowing occur as a result of the bullying:

2 This is a fictional Florida statute.

51

(A) Necessary cessation of instruction or educational activities;

(B) Inability of students or educational staff to focus on learning or function as aneducational unit because of a hostile environment;

(C) Severe or repetitive disciplinary measures are needed in the classroom or duringeducational activities; or

(D) Exhibition of other behaviors by students or educational staff that substantiallyinterfere with the learning environment.

(c) Bullying of a public school student or a public school employee is prohibited.

(d) A school principal or his or her designee who receives a credible report or complaint ofbullying shall promptly investigate the complaint or report and make a record of the investigationand any action taken as a result of the investigation.

(e)(1) The board of directors of every school district shall adopt policies to prevent bullying.

(2) The policies shall:

(A)(i) Clearly define conduct that constitutes bullying.(ii) The definition shall include without limitation the definition contained in subsection(a) of this section;

(B) Prohibit bullying:(i) While in school, on school equipment or property, in school vehicles, on school buses,at designated school bus stops, at school-sponsored activities, at school-sanctionedevents; or(ii)(a) By an electronic act that results in the substantial disruption of the orderlyoperation of the school or educational environment.(b) This section shall apply to an electronic act whether or not the electronic actoriginated on school property or with school equipment, if the electronic act is directedspecifically at students or school personnel and maliciously intended for the purpose ofdisrupting school and has a high likelihood of succeeding in that purpose;

*****

(j) This section is not intended to:(1) Restrict a public school district from adopting and implementing policies againstbullying or school violence or policies to promote civility and student dignity that aremore inclusive than the antibullying policies required under this section; or

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(2) Unconstitutionally restrict protected rights of freedom of speech, freedom of religiousexercise, or freedom of assembly.

53

JURY INSTRUCTIONS

AGGRAVATED BATTERY

To prove the crime of Aggravated Battery, the State must prove the following twoelements beyond a reasonable doubt:

1. JESSE WOODSON intentionally touched or struck ANGEL STERLING against his/herwill, or intentionally caused bodily harm to ANGEL STERLING,

and

2. JESSE WOODSON, in committing the battery, intentionally or knowingly caused greatbodily harm, permanent disability, or permanent disfigurement to ANGEL STERLING,or used a deadly weapon.

The first element is the definition of battery. Regarding the second element, a weapon is a“deadly weapon” if it is used or threatened to be used in a way likely to produce death or greatbodily harm.

CYBERBULLYING

To prove the crime of Cyberbullying, the State must prove the following two elementsbeyond a reasonable doubt.

1. JESSE WOODSON transmitted, sent, or posted a communication by electronic meanswith the purpose to frighten, coerce, intimidate, threaten, abuse, harass, or alarmANGEL STERLING,

and

2. JESSE WOODSON’S transmissions were in furtherance of severe, repeated, or hostilebehavior toward ANGEL STERLING.

“Communication” means the electronic communication of information of a person's choosingbetween or among points specified by the person without change in the form or content of theinformation as sent and received.

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“Electronic means” means any textual, visual, written, or oral communication of any kind madethrough the use of a computer online service, Internet service, telephone, or any other means ofelectronic communication, including without limitation to a local bulletin board service, anInternet chat room, electronic mail, a social networking site, or an online messaging service.

PLEA OF NOT GUILTY; REASONABLE DOUBT; AND BURDEN OF PROOF

The defendant has entered a plea of not guilty. This means you must presume or believethe defendant is innocent. The presumption stays with the defendant as to each materialallegation in the Information through each stage of the trial unless it has been overcome by theevidence to the exclusion of and beyond a reasonable doubt.

To overcome the defendant's presumption of innocence the State has the burden ofproving the crime with which the defendant is charged was committed and the defendant is theperson who committed the crime.

The defendant is not required to present evidence or prove anything.

Whenever the words "reasonable doubt" are used you must consider the following:

A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forceddoubt. Such a doubt must not influence you to return a verdict of not guilty if you have anabiding conviction of guilt. On the other hand, if, after carefully considering, comparing andweighing all the evidence, there is not an abiding conviction of guilt, or, if, having a conviction,it is one which is not stable but one which wavers and vacillates, then the charge is not provedbeyond every reasonable doubt and you must find the defendant not guilty because the doubt isreasonable.

It is to the evidence introduced in this trial, and to it alone, that you are to look for thatproof.

A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflictin the evidence or the lack of evidence.

If you have a reasonable doubt, you should find the defendant not guilty. If you have noreasonable doubt, you should find the defendant guilty.

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WEIGHING THE EVIDENCE

It is up to you to decide what evidence is reliable. You should use your common sense indeciding which is the best evidence, and which evidence should not be relied upon in consideringyour verdict. You may find some of the evidence not reliable, or less reliable than otherevidence.

You should consider how the witnesses acted, as well as what they said. Some thingsyou should consider are:

1. Did the witness seem to have an opportunity to see and know the things about which thewitness testified?

2. Did the witness seem to have an accurate memory?

3. Was the witness honest and straightforward in answering the attorneys' questions?

4. Did the witness have some interest in how the case should be decided?

5. Does the witness' testimony agree with the other testimony and other evidence in thecase?

6. Has the witness been offered or received any money, preferred treatment, or other benefitin order to get the witness to testify?

7. Had any pressure or threat been used against the witness that affected the truth of thewitness' testimony?

8. Did the witness at some other time make a statement that is inconsistent with thetestimony he gave in court?

You may rely upon your own conclusion about the witness. A juror may believe ordisbelieve all or any part of the evidence or the testimony of any witness.

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EXPERT WITNESSES

Expert witnesses are like other witnesses, with one exception - the law permits an expertwitness to give his or her opinion.

However, an expert’s opinion is only reliable when given on a subject about which youbelieve him or her to be an expert.

Like other witnesses, you may believe or disbelieve all or any part of an expert’stestimony.

Please Note: The State rules for the Mock Trial Competition have been removed and the Miami-Dade County Public Schools Division of Social Sciences Mock Trial Rules have been inserted. The M-DCPS District Mock Trial Rules are to be followed for the Miami-Dade County Public Schools Division of Social Sciences Mock Trial Competition.

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MIAMI‐DADE COUNTY MOCK TRIAL COMPETITION   

RULES AND GUIDELINES  

 1. Each school should be prepared to be both plaintiff and defense.  The same students 

could comprise both teams, or different students could be on each team.  Schools may alternate teams or team members from one round to the next. 

 2. All team members must be students in an elective law education class during the 

current school year.  Each school has the option of fielding a team which may include two members who are not currently enrolled in an elective law education class; however, these two students must have been enrolled in a law education class during a previous year. 

 3. Names of all potential participants must be submitted on an eligibility list.  Only 

students whose names appear on the eligibility list will be permitted to participate in the finals.  Schools must adhere to county interscholastic competition guidelines.  (See Student Standards for Participation in Interscholastic Extracurricular Student Activities from Florida State Statute 1006.15) 

 4. Students of either gender may portray the role of any witness.  The competition will 

strive to make roles gender neutral.  However, some cases will warrant a specific gender role.  In such cases, students of either gender may portray the role but the gender of the witness may not change from the case as presented. 

 5. Witness statements may be used by attorneys to “refresh” a witness’ memory and/or 

impeach the witness’ testimony in court.  6. A.  The trial proceedings will be governed by the Florida Mock Trial Simplified Rules 

  of Evidence.  Other more complex rules may not be raised at the trial.  Questions   or interpretations of these rules are within the discretion of the District   Committee, whose decision is final.   

  B. Each witness is bound by the facts contained in his/her own witness statement, 

the Statement of Facts, if present, and/or any necessary documentation relevant to his/her testimony.  Fair extrapolations may be allowed, provided reasonable inference may be made from the witness’ statement. If, in direct examination, an attorney asks a question which calls for extrapolated information pivotal to the facts at issue, the information is subject to objection outside the scope of the problem. 

 If, on cross‐examination, an attorney asks for unknown information, the witness may or may not respond, so long as any response is consistent with the witness’ 

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statement or affidavit and does not materially affect the witness’ testimony.    

Adding facts which are inconsistent with the witness statement or with the Stipulated Facts and which would be relevant with respect to any issue in the case is not permitted.  Examples include, but are not limited to (a) creating a physical or mental disability, (b) giving a witness a criminal or bad record when none is suggested by the statements, (c) creating facts which give a witness standing as an expert and (d) materially changing the witness’ profession, character, memory, mental or physical ability from the witness’ statement by testifying to “recent changes.” 

 C. If certain witnesses are stipulated to as experts, their expert qualifications may 

not be challenged or impeached by the opposing side.  However, their testimony concerning the facts of the case may be challenged.   

 D. On direct examination, the witness is limited to the facts given.  If a witness 

testifies in contradiction to the facts given in the witness statement, that testimony may be impeached on cross‐examination by the opposition through the correct use of the affidavit.  The procedure is outlined in the Simplified Rules of Evidence and Procedure. 

 E. On cross‐examination, no restrictions will be made on the witness or the cross‐

examination, except that the answer must be responsive and the witness can be impeached. 

 If the attorney who is cross‐examining the witness asks a question, the answer to which is not contained in the stipulations or affidavit then the witness may respond to that question with any answer as long as the answer does not contradict or materially change the affidavit. 

 If the answer by the witness is contrary to the stipulations or the affidavit, the cross‐examination attorney may impeach the witness. 

 F. Use of voir dire examination of a witness is not permitted. 

 2. If a witness invents an answer which is likely to affect the outcome of the trial, the 

opposition may object and request a bench conference.  Objections may be made only by the attorney who will conduct cross‐examination or direct examination of that witness.  The judge will decide whether or not to allow the testimony.  The scoring panel may consider such inventions of facts in making the decision concerning the best team presentation. 

 3. All participants agree that the witness statements are signed and sworn affidavits and 

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are admissible for reasons of impeachment only.  Proper procedure for impeachment must be followed as referred to in the Simplified Rules of Evidence and Procedure. 

 4. Each school must have a bailiff available for every round.  The bailiff must have a 

stopwatch and know how to use it.  Failure to meet these requirements will result in the loss of 1 (one) point per round. 

 5. The bailiff will stop the clock for the following:  

➤   objections 

➤   motions 

➤   presentation of documents 

➤   bench conferences  

Timing will halt during objections and responses to objections.  Timing will halt during the admission of documentary evidence.  In the interest of fairness, time extensions may be granted at the discretion of the presiding judge.  All objections should be argued in open court, not at the bench.  Timing will resume after the judge has ruled on the objection.  Students should avoid the use of tactics to “run out the clock” during the admission of evidence.  Judges will be instructed to consider this in scoring. 

 6. “Bailiff” will be provided and will keep the official time of the trial.  The bailiff’s role will 

be expanded to time the 10 minute debrief session, at 5 minutes per side.  This will help ensure that the schedule is maintained.  The bailiff will announce to the court when time has expired in each of the separate segments of the trail. 

 7. The rules of evidence governing trial practice have been modified and simplified for the 

purpose of this mock trail competition.  The 2008 Florida High School Mock Trial Competition Simplified Rules of Evidence and Procedure rules are to govern the proceedings.  Other more complex rules are not to be raised during the trial enactment.  Debate rather than legal standards is deemed to be more appropriate for judging this competition. 

 8. Attorneys will keep their presentations within the following time guidelines.  If time runs 

out once a question has been asked, it can be answered.  

OPENING STATEMENTS (ARGUMENTS)    5 minutes for each side  

DIRECT EXAMINATION (PROSECUTION)    7 minutes per witness  

CROSS EXAMINATION (DEFENSE)      6 minutes per witness 

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 RE‐DIRECT EXAMINATION (PROSECUTION)    2 minutes per witness 

 DIRECT EXAMINATION (DEFENSE)      7 minutes per witness 

 CROSS EXAMINATION (PROSECUTION)    6 minutes per witness 

 RE‐DIRECT EXAMINATION (DEFENSE)     2 minutes per witness 

 PREPARATION FOR CLOSING ARGUMENTS    3 minutes total 

 CLOSING STATEMENTS (ARGUMENTS)    8 minutes for each side 

 *   Petitioner may save maximum of one minute for rebuttal on closing statement. 

 9. Three minutes will be provided immediately before closing arguments solely for the 

purpose of preparing closing arguments.  Student attorneys will be allowed to confer with each other, but no other communication will be allowed in the courtroom during the recess.  The bailiff shall time the recess and all participants and observers shall remain seated during the recess. 

 10. The Prosecution/Plaintiff gives the opening statement first.  The Prosecution/Plaintiff 

gives the closing argument first; the Prosecution/Plaintiff may reserve one minute or less of the closing time for a rebuttal.  The Prosecution/Plaintiff must notify the judge before beginning closing argument if the rebuttal time is requested.  The Prosecution’s/Plaintiff’s rebuttal is limited to the scope of the defense’s closing argument. 

 Attorneys are not required to use the entire time allotted for each part of the trial.  Time remaining in one part of the trial may not be transferred to another part of the trial. 

 11. No student attorney will have less than 2 nor more than three of the following 8 

attorney roles.  The same student can not do both opening and closing arguments. The attorney roles for each team will be divided as follows: 

 I.   Opening Statements II.   Direct/Re‐direct Examination of Witness #1 III.   Direct/Re‐direct Examination of Witness #2 IV.   Direct/Re‐direct Examination of Witness #3 V.   Cross Examination of Witness #1 VI.   Cross Examination of Witness #2 

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VII.   Cross Examination of Witness #3 VIII.   Closing Arguments and Prosecution/Plaintiff optional rebuttal. 

 Opening statements must be given by both sides at the beginning of the trial. 

 The attorney who will examine a particular witness on direct examination is the only person who may make the objections to the opposing attorney’s questions of that witness on cross examination, and the attorney who will be cross‐examining a witness will be the only one permitted to make objections during the direct examination of that witness. 

 Each team must call the three witnesses listed in the case materials.  Witnesses must be called only by their own team and examined by both sides.  Witnesses may not be recalled. 

 Attorneys may use notes in presenting their cases.  Witnesses are not permitted to use notes while testifying during the trial. 

 To permit judge(s) to hear and see better, attorneys will stand during opening and closing statements, direct and cross‐examinations, all objections, and whenever addressing the presiding judge(s).  Students may move from the podium only with the permission of the presiding judge(s). 

 12. In each competition, whether petitioner or respondent, the school will field a team of:  

3 Attorneys 1 Alternate Attorney (optional) 3 Witnesses 1 Bailiff (minimum) 

 The alternate attorney may sit at the table and assist the other three attorneys, but may not address the court and must be identified as an alternate at the start of the trial. 

 13. Instructors, coaches, and observers shall not talk to, signal, communicate with, or coach 

their teams during the trial.  This rule remains in force during any recess time that may occur.  Team members within the bar area may, among themselves, communicate during the trial; however, no disruptive communication is allowed. 

 Non‐team members, alternate team members, teachers, and coaches must remain outside the bar in the spectator section of the courtroom.  Only the student attorneys participating in this round may communicate with each other. 

 14. Witnesses are to remain in the courtroom during the entire trial, and may not 

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communicate with attorneys (except when being examined).  15. For purposes of the competition, students will assume this is a jury trial.  The scoring 

judges will act as the jury.  Students should address the judges as a jury.  16. Team members, alternates, attorney coaches, teacher coaches, and any other persons 

directly associated with a mock trial team, except those authorized by the Executive Committee, are not allowed to view other teams in competition as long as their team remains in the competition.  Judges should maintain order in the courtroom.  If observers are disorderly, they will be asked to leave the premises. 

 17. If a team fails to adhere to the established guidelines/rules set forth for the 

competition, a judge may (depending upon the circumstances of the violation) reduce his/her rating of that team. 

 18. The student attorneys are to point out violations of the rules and guidelines during the 

trial through objections and side bars.  However, if a coach feels a violation has not been remedied, he/she can appeal to the Executive Committee. 

  

Both teams involved will designate one team member to present its case to the judging panel and one member of the Executive Committee.  Each team will have three minutes for the presentation. 

 If the judges and member of the Executive Committee determine that a possible rules violation exists or that there exists a legitimate dispute over facts which would constitute a possible rules violation, the scoring judges will be allowed to consider the dispute before finalizing their scoring.  The dispute may or may not affect the final decision, but the matter will be left to the discretion of the judges and the Executive Committee.  Their decision will be FINAL. 

 19. Students may read other cases, materials, and articles in preparation for the mock trial.  

However, students may cite only the case materials given, and they may introduce into evidence only those documents given in the official packet.  In addition, students may not use, even for demonstrative purposes, any materials which are not provided in the official packet.  The following are not permitted: props, costumes, and/or enlargements. 

 20. All participants are expected to display proper courtroom decorum and sportsmanlike 

conduct.  Videotaping is allowed in each trial only with the consent of the teacher/coaches from both teams and the presiding judge(s). 

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SIMPLIFIED RULES OF EVIDENCE AND PROCEDURE

In American courts, elaborate rules are used to regulate the kind of proof (i.e., spokentestimony by witnesses or physical evidence) that can be used in trials. These rules are designedto ensure that both parties receive a fair hearing. Under the rules, any testimony or physicalobjects deemed irrelevant, incompetent, untrustworthy, or unduly prejudicial may be kept out ofthe trial.

If it appears that a rule of evidence is being violated, an attorney may raise an objectionto the judge. Usually, the attorney stands and says, "I object, your honor," and then gives thereason for the objection. Sometimes the attorney whose questions or actions are being objectedto will then explain why he or she thinks the rule was not violated. The judge then decideswhether the rule has been violated and whether the testimony or physical items must be excludedfrom the trial.

Official rules of evidence are quite complicated. They also differ depending on the kindof court where the trial occurs. For purposes of this mock trial competition, the rules of evidenceyou will use have been made less complicated than those used in actual courts. The ideas behindthese simplified rules are similar to actual rules of evidence.

A. Witness Examination/Questioning

1. Direct Examination

Attorneys call and question their own witnesses using direct as opposed to leadingquestions. Example:

Elyse Roberts is called by her attorney to explain the events leading up to herfiling suit against Potomac County.

“Ms. Roberts, where do you work? How long have you worked there? Pleasedescribe your working relationship with Mr. Kevin Murphy during the first monthof employment. Why did you meet with your supervisor, Fran Troy? Did you seekadvice from a therapist during this time?”

Questions such as the above do not suggest the answer. Instead, they introduce awitness to a particular area of importance, leaving the witness free to relate the facts.Obviously, the witness will have been prepared to answer such questions in aparticular way. But the question by its terms does not "lead" to the answer.

a. Leading Questions

A leading question is one that suggests the answer. It does not simply call thewitness' attention to a subject. Rather, it indicates or tells the witness what theanswer should be about that subject. Leading questions are not permitted ondirect examination, but questions on cross-examination should be leading.

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Examples:

“Mrs. Roberts, despite repeated invitations, you chose not to participate inoffice social functions, correct?”

“Isn't it true, that due to all the stress from work you decided to go to atherapist?”

These questions are obviously in contrast to the direct examination questions inthe preceding section. Leading questions suggest the answer to the witness. Thisis not proper for direct examination when a party is questioning its own witness.

b. Narration

While the purpose of direct examination is to get the witness to tell a story, thequestions must ask for specific information. The questions must not be so broadthat the witness is allowed to wander or "narrate" a whole story. At times, thewitness' answer to a direct question may go beyond the facts asked for by thequestion asked. Narrative questions are objectionable.

Example Narrative Question:

“Ms. Roberts, please tell the court about the events that contributed to yourdecision to sue the county.”

Narrative Answer:

“It all began the night I found out that it was the county that was dumping onmy land. At first I thought it was my neighbors, but they denied having anypart in the dumping. I decided to watch my vacant lot and see if I could catchthe person responsible. I drove down to my lot the night of the 13th andparked in a place where I could see the lot but no one could see me…”

c. Scope of Witness Examination

Direct examination may cover all facts relevant to the case of which the witnesshas first-hand knowledge.

d. Character

For the purpose of this mock trial, evidence about the character of a party may notbe introduced unless the person’s character is an issue in the case.

i. Methods of Proving Character (Section 90.405)

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1. Reputation: When evidence of the character of a person or of a trait ofhis/her character is admissible, proof may be made by testimony abouthis/her reputation.

2. Specific Instances of Conduct: When character or a trait of character of aperson is an essential element of a charge, claim, or defense, proof may bemade of specific instances of his/her conduct.

e. Refreshing Recollection

When a witness uses a writing or other item to refresh his/her memory whiletestifying, an adverse party is entitled to have such writing or other item producedat the hearing to inspect it, to cross-examine the witness thereon, and to introduceit, or in the case of writing, to introduce those portions which relate to thetestimony of the witness, in evidence.

2. Cross Examination (questioning the opposing side’s witnesses)

Cross-examination should involve leading questions. In fact, it is customary topresent a witness with a proposition and ask the witness to either agree or disagree.Thus, good cross-examination calls only for a yes or no answer.

Examples:

“Mr. Roberts, in direct examination you testified that litigation was very stressfulfor you, correct? In fact you were so stressed that you did work at home or calledin sick. Isn't this true?”

“As an assistant district attorney, you knew that trying only three cases whilesettling 75 cases was not a job performance your supervisor would rate highly,didn't you?”

“Thus given the stress you felt, your poor attendance at work and poor jobperformance, it was not unusual for your supervisor to transfer you to anotherBureau, was it?”

Leading questions are permissible on cross-examination. Questions tending to evokea narrative answer should be avoided.

a. Scope of Witness Examination

Cross-examination is not limited. Attorneys may ask questions of a particularwitness that relate to matters brought out by the opposing side on directexamination of that witness, matters relating to the credibility of the witness, andadditional matters otherwise admissible, that were not covered on directexamination.

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b. Impeachment

On cross-examination, the attorney may want to show the court that the witnessshould not be believed. A witness' credibility may be impeached by showingevidence of the witness' character and conduct, prior convictions, and priorinconsistent statements. If the witness testifies differently from the information intheir sworn affidavit, it may then be necessary to "impeach" the witness. That is,the attorney will want to show that the witness previously said something thatcontradicts the testimony on the stand.

i. Impeachment Procedure

Impeachment may be done by comparing what a witness says on the witnessstand at trial to what is contained in the witness' affidavit. By pointing out thedifferences between what a witness now says and what the witness' affidavitsays, the attorney shows that the witness has contradicted himself or herself.

ii. Who May Impeach?

Any party, including the party calling the witness, may attack the credibilityof a witness by:

1. Introducing statements of the witness which are inconsistent with his/herpresent testimony;

2. Showing that the witness is biased;

3. Attaching the character of the witness in accordance with the state mocktrial competition rules of evidence and procedure;

4. Showing a defect of capacity, ability, or opportunity in the witness toobserve, remember, or recount the matters about which he/she testified;and

5. Proof by other witnesses that material facts are not as testified to by thewitness being impeached.

iii. Section 90.610 Conviction of Certain Crimes as Impeachment

A party may attack the credibility of any witness, including an accused, byevidence that the witness has been convicted of a crime if the crime waspunishable by death or imprisonment in excess of 1 year under the law underwhich he was convicted, or if the crime involved dishonesty or a falsestatement regardless of the punishment, with the following exceptions:

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1. Evidence of any such conviction is inadmissible in a civil trial if it is soremote in time as to have no bearing on the present character of thewitness.

2. Evidence of juvenile adjudications is inadmissible under this subsection.

iv. Section 90.614 Prior Statements of Witness

1. When witness is examined concerning his prior written statement orconcerning an oral statement that has been reduced to writing, the court,on motion of the adverse party, shall order the statement to be shown tothe witness or its contents disclosed to him.

2. Extrinsic evidence of a prior inconsistent statement by a witness isinadmissible unless the witness is first afforded an opportunity to explainor deny the prior statement and the opposing party is afforded anopportunity to interrogate him on it, or the interests of justice otherwiserequire. If a witness denies making or does not distinctly admit that he hasmade the prior inconsistent statement, extrinsic evidence of such statementis admissible. This subsection is not applicable to admissions of a party-opponent.

3. Re-direct and re-cross examination/questioning. If the credibility orreputation for truthfulness of the witness has been attacked on cross-examination, the attorney whose witness has been damaged may wish toask several more questions. These questions should be limited to thedamage the attorney thinks has been done and should be phrased so as totry to "save" the witness' truth-telling image in the eyes of the court. Re-direct examination is limited to issues raised by the attorney on cross-examination. Re-cross examinations follows re-direct examination but islimited to the issues raised on re-direct only and should avoid repetition.The presiding judge may exercise reasonable control over questioning soas to make questioning effective to ascertain truth, avoid needless waste oftime, and protect witnesses from harassment.

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B. Objections

An attorney can object any time the opposing attorneys have violated the rules of evidence.The attorney wishing to object should stand up and do so at the time of the violation.When an objection is made, the judge may ask the reason for it. Then the judge may turn tothe attorney whose question or action is being objected to, and that attorney usually will havea chance to explain why the judge should not accept the objection. The judge will then decidewhether a question or answer must be discarded because it has violated a rule of evidence orwhether to allow the question or answer to be considered as evidence. The legal term“objection sustained” means that the judge agrees with the objection and excludes thetestimony or item objected to. The legal term “objection overruled” means that the judgedisagrees with the objection and allows the testimony or item to be considered as evidence.

1. Standard Objections on Direct and Cross Examination

1. Irrelevant Evidence: “I object, your honor. This testimony is irrelevant to the facts ofthis case.”

2. Leading Questions: “Objection. Counsel is leading the witness.” Remember, this isonly objectionable when done on direct examination (Ref. Section A1.a).

3. Narrative Questions and Answers: may be objectionable (Ref. Section A1.b).

4. Improper Character Testimony: “Objection. The witness’ character or reputation hasnot been put in issue or “Objection. Only the witness’ reputation/character fortruthfulness is at issue here.”

5. Hearsay: “Objection. Counsel’s question/the witness’ answer is based on hearsay.” Ifthe witness makes a hearsay statement, the attorney should also say, “and I ask thatthe statement be stricken from the record.”

6. Opinion: “Objection. Counsel is asking the witness to give an opinion.”

7. Lack of Personal Knowledge: “Objection. The witness has no personal knowledge thatwould enable him/her to answer this question.”

8. Lack of Proper Predicate: Exhibits will not be admitted into evidence until they havebeen identified and shown to be authentic (unless identification and/or authenticityhave been stipulated). Even after proper predicate has been laid, the exhibits may stillbe objectionable due to relevance, hearsay, etc.

9. Ambiguous Questions: An attorney shall not ask questions that are capable of beingunderstood in two or more possible ways.

10. Non-responsive Answer: A witness’ answer is objectionable if it fails to respond to thequestion asked.

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11. Argumentative Question: An attorney shall not ask a question which asks the witness toagree to a conclusion drawn by the questioner without eliciting testimony as to newfacts. However, the Court may, in its discretion, allow limited use of argumentativequestions on cross-examination.

12. Unfair Extrapolation/Beyond the Scope of the Statement of Facts

Attorneys shall not ask questions calling for information outside the scope of thecase materials or requesting an unfair extrapolation. Unfair extrapolations arebest attacked through impeachment and closing arguments and are to be dealtwith in the course of the trial. A fair extrapolation is one that is neutral.

Note: Fair extrapolations may be allowed, provided reasonable inference may bemade from the witness’s statement. If, in direct examination, an attorney asks aquestion which calls for extrapolated information pivotal to the facts at issue, theinformation is subject to objection Outside the Scope of the Problem. If inCROSS examination, an attorney asks for unknown information, the witness mayor may not respond, so long as any response is consistent with the witness’statement or affidavit and does not materially affect the witness’ testimony.

13. Asked and Answered: “Objection. Your honor, the question has already been askedand answered.”

14. Objections Not Recognized in This Jurisdiction: An objection which is not containedin these materials shall not be considered by the Court. However, if counselresponding to the objection does not point out to the judge the application of this rule,the Court may exercise its discretion in considering such objection.

Note: Attorneys should stand during objections, examinations, and statements. Noobjections should be made during opening/closing statements but afterwards theattorneys may indicate what the objection would have been. The opposing counselshould raise his/her hand to be recognized by the judge and may say, “If I had beenpermitted to object during closing arguments, I would have objected to the opposingteam’s statement that .” The presiding judge will not rule on this objectionindividually and no rebuttal from the opposing team will be heard.

15. Opinions of Witnesses

1. Expert Opinion

1. Section 90.702 Testimony by Experts

If scientific, technical, or other specialized knowledge will assist the trier offact in understanding the evidence or in determining a fact in issue, a witnessqualified as an expert by knowledge, skill, experience, training or education

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may testify about it in the form of an opinion; however, the opinion isadmissible only if it can be applied to evidence at trial.

2. Section 90.703 Opinions on Ultimate Issue

Testimony in the form of an opinion or inference otherwise admissible is notobjectionable because it included an ultimate issue to be decided by the trierof fact.

3. Section 90.704 Basis of Opinion Testimony by Experts

The facts or data upon which an expert bases an opinion or inference may bethose perceived by, or made known to, him at or before the trial. If the factsor data are of a type reasonably relied upon by experts in the subject tosupport the opinion expressed, the facts or data need not be admissible inevidence.

4. Expert Opinion (additional information)

An expert shall not express an opinion as to the guilt or innocence of theaccused.

2. Lay Opinion

1. Section 90.701 Opinion Testimony of Lay Witnesses

If a witness is not testifying as an expert, his testimony about what heperceived may be in the form of inference and opinion when:

1. The witness cannot readily, and with equal accuracy and adequacy,communicate what he has perceived to the trier of fact without testifyingin terms of inferences or opinions and his use of inferences or opinionswill not mislead the trier of fact to the prejudice of the objecting party; and

2. The opinions and inferences do not require a special knowledge,skill, experience, or training.

2. Lay Opinion (additional information)

All witnesses may offer opinions based on the common experience oflaypersons in the community and of which the witnesses have first-handknowledge. A lay opinion may also be obtained. For example, Sandy Yu, asthe personnel director, would know of other complaints of sexual harassmentin the office and any formal reprimands, even though he is not an expert insexual harassment. They may be asked questions within that range of

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experience. No witness, not even an expert, may give an opinion about howthe case should be decided.

The cross-examination of opinions proceeds much like the cross-examinationof any witness. Questions, as indicated above, may be based upon the priorstatement of the witness. Inconsistencies may be shown. In addition, thewitness may be asked whether he or she has been employed by any party, toshow bias or interest. Or a witness giving an opinion may be asked the limitsof certainty in that opinion, as follows:

“Dr. Isaacs, please read this portion of your sworn statement to thecourt.”

"I have studied the records of this case, and have conducted two one-hourinterviews with Elyse Roberts on March 29 and 31st. In those interviews,she described to me her family history, her work environment, the actionsof her co-workers and supervisor and her resulting feelings."

“This is your statement, is it not, Dr. Isaacs? Ms. Roberts selected youbecause of your expertise in sexual harassment in the workplace, correct?During your two-hour interview you were only concerned with evaluatingMs. Roberts’ working environment and not other psychological factorsthat may have caused her problems. Thus you really can't say that Ms.Roberts' difficulty on the job was only caused by the actions of Mr.Murphy, can you?”

The point of these questions is not to discredit the witness. Rather, theobjective is simply to treat the witness as a responsible professional who willacknowledge the limits of her or his expertise and testimony. If the witnessrefuses to acknowledge those limits, the witness then is discredited.

It is always important in cross-examination to avoid arguing with the witness.It is particularly important with an expert. Thus, the cross-examination shouldbe carefully constructed to call only for facts or to draw upon statements thewitness has already made.

3. Lack of Personal Knowledge

A witness may not testify to any matter of which the witness has no personalknowledge. The legal term for testimony of which the witness has no personalknowledge is "incompetent."

16. Relevance of Testimony and Physical Objects

Generally, only relevant testimony may be presented. Relevant evidence is physicalevidence and testimony that makes a fact that is important to the case more or less

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probable than the fact would be without the evidence. However, if the relevantevidence is unfairly prejudicial, may confuse the issues, or is a waste of time, it maybe excluded by the court. Such relevant but excludable evidence may be testimony,physical evidence, or demonstrations that have no direct bearing on the issues of thecase or do not make the issues clearer.

1. Introduction of Documents, Exhibits, Items, and Other Physical Objects IntoEvidence

There is a special procedure for introducing physical evidence during a trial. Thephysical evidence must be relevant to the case, and the attorney must be preparedto its use on that basis. Below are the basic steps to use when introducing aphysical object or document for identification and/or use as evidence.

1. Show exhibit and have it marked by the judge. Say “Your Honor, I askthat this ___ be marked for identification as Prosecution’s/Defendant’sExhibit No. ___”

2. Show the exhibit to opposing counsel for possible objection. Ask thewitness to identify the exhibit. “I now hand you what is marked as ExhibitNo. 1. Do you recognize this document?”

3. At this point the attorney may proceed to ask the witness a series ofquestions about the exhibit.

4. If the attorney wishes to place the document into evidence, say, “YourHonor, I offer this ____ marked as Prosecution's/Defendant's Exhibit No. 1into evidence and ask the Court to so admit it.”

Court: “Is there any objection?”

Opposing Counsel: “No, your Honor.” or “Yes, your Honor.” (then stateobjection).

Court: “Prosecution's/Defendant's Exhibit No. 1 is (is not) admitted.”

NOTE: A witness may be asked questions about his/her statement without itsintroduction into evidence; but to read from it or submit it to the judge, it must first beadmitted into evidence. Exhibits can be pre-marked.

17. Hearsay and Exceptions to this Ruling

1. What is Hearsay?

Hearsay evidence is normally excluded from a trial because it is deemeduntrustworthy. “Hearsay” is a statement other than one made by the witness

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testifying at the trial, offered in evidence to prove that the matter asserted in thestatement is true. An example of hearsay is a witness testifying that he heardanother person saying something about the facts in the case. The reason thathearsay is untrustworthy is because the opposing side has no way of testing thecredibility of the out-of-court statement or the person who supposedly made thestatement. Thus, for example, the following questions would be objectionable as“hearsay” if you are trying to prove that the color of the door was red:

“Mr. Edwards what color did Bob say the door was?”

This is hearsay. Mr. Edwards is using Bob's statement for him to prove the colorof the door. Instead, Bob or someone who saw the door needs to be called totestify as to the color of the door.

2. Reasons for Prohibiting Hearsay

Our legal system is designed to promote the discovery of truth in a fair way. Oneway it seeks to accomplish this goal is by ensuring that the evidence presented incourt is “reliable”; that is, we can be fairly certain the evidence is true. Hearsayevidence is said to be “unreliable” for four reasons:

1. The hearsay statement might be distorted or misinterpreted by the witnessrelating it in court.

2. The hearsay statement is not made in court and is not made under oath

3. The hearsay statement is not made in court, and the person who made itcannot be observed by the judge or jury (this is important because the judge orjury should be allowed to observe a witness' behavior and evaluate his/hercredibility).

4. The hearsay statement is not made in court and the person who made itcannot be challenged by cross-examination.

3. When Can Hearsay Evidence Be Admitted?

Although hearsay is generally not admissible, there are certain out-of-courtstatements that are treated as not being hearsay, and there are out-of-court statementsthat are allowed into evidence as exceptions to the rule prohibiting hearsay.

Statements that are not hearsay are prior statements made by the witness himself andadmissions made by a party opponent.

1. Exceptions

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Hearsay is not admissible, except as provided by these rules. For purposes ofthis mock trial, the following exceptions to the hearsay rule will be allowed;even though the declarant is available as a witness.

1. Spontaneous Statement

A statement describing or explaining an event or condition made while thedeclarant perceived the event or condition, or immediately thereafter,except when such statement is made under circumstances that indicate itslack of trustworthiness.

2. Excited Utterance

A statement or excited utterance relating to a startling event or conditionmade while the declarant was under the stress of excitement caused by theevent or condition.

3. Medical Statements

Statements made for the purpose of medical diagnosis or treatment by aperson seeking the diagnosis, or made by an individual who hasknowledge of the facts and is legally responsible for the person who isunable to communicate the facts, which statements describe medicalhistory, past or present symptoms, pain, or sensations, or the inception orgeneral character of the cause or external source thereof, insofar asreasonably pertinent to diagnosis or treatment.

4. Recorded Recollection

A memorandum or record concerning a matter about which a witness oncehad knowledge but now has insufficient recollection to enable the witnessto testify fully and accurately, shown to have been made by the witnesswhen the matter was fresh in his memory and to reflect that knowledgecorrectly. A party may read into evidence a memorandum or record whenit is admitted, but no such memorandum or record is admissible as anexhibit unless offered by an adverse party.

5. Records of a Regularly Conducted Activity

1. A memorandum, report, record, or data compilation, in anyform, of acts, events, conditions, opinion, or diagnosis, made at or nearthe time by, or from information transmitted by, a person withknowledge, if kept in the course of a regularly conducted businessactivity and if it was the regular practice of that business activity tomake such memorandum, report, record, or data compilation, all asshown by testimony of the custodian or other qualified witness, unless

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the sources of information or other circumstances show lack oftrustworthiness. The term “business” as used in this paragraph includesa business, institution, association, profession, occupation, and callingfor every kind, whether or not conducted for profit.

2. No evidence in the form of an opinion or diagnosis isadmissible under paragraph (a) unless such opinion or diagnosis wouldotherwise be admissible if the person whose opinion is recorded wereto testify to the opinion directly.

6. Learned Treatises

To the extent called to the attention of an expert witness upon crossexamination or relied upon by the expert witness in direct examination,statements contained in public treatises, periodicals or pamphlets on asubject of history, medicine, or other science or art, established as areliable authority by the testimony or admission of the witness, or by otherexpert testimony, or by judicial notice.

7. Then Existing Mental, Emotional, or Physical Condition

1. A statement of the declarant’s then existing state of mind,emotion, or physical sensation, including a statement of intent, plan,motive, design, mental feeling, pain, or bodily health, when suchevidence is offered to:

1. Prove the declarant’s state of mind, emotion, orphysical sensation at that time or at any other time when suchstate is an issue in the action.

2. Prove or explain acts of subsequent conduct of thedeclarant.

2. However, this subsection does not make admissible:

1. An after-the-fact statement of memory or belief toprove the fact remembered or believed, unless such a statementrelates to the execution, revocation, identification, or terms ofthe declarant's will.

2. A statement made under circumstances that indicateits lack of trustworthiness.

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C. Trial Motions

No trial motions are allowed except for special jury instructions as permitted inthese case materials.Examples:

Directed verdict, dismissal, acquittal, motion in limine, motion to sequester witnesses.

Exception:

Motion for Recess may only be used in emergency situations.

D. Attorney Demeanor

**See Code of Ethical Conduct

Note: Please refer to Official Case Materials for any specific additions relative to this trial.

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GUIDELINES FOR TEACHER COACHES

A. Role of the Teacher Coach

The teacher coach is expected to help the team members decide which students will play whichparts in the mock trial and to assist the students in playing those roles. As part of the sizeableresponsibility of acting as team coaches, teachers are responsible for the following areas:

1. Rules of the Program: All teachers and teams are expected to adhere to the rules, facts andall other materials provided in the 2009 Mock Trial Competition Case Materials. Therefore,please make sure you are familiar with the Competition rules.

2. Role Assignments: Team members should be strongly encouraged to select roles based ontheir interests and abilities and not on the basis of any gender or cultural stereotypes which mightbe drawn from the characterizations in the fact pattern.

3. Team Preparation: Attorneys will also help coach each team. Teams should prepare bothsides of the case and are strongly urged to arrange and conduct preliminary mock trials withother teams prior to competing in the district and circuit competition. Preliminary trials requireonly one attorney or judge to act as the presiding judge, as it is not necessary to award points tothe teams during these practice rounds.

4. Education: Education of the students is the primary goal of the Mock Trial Competition.Healthy competition helps to achieve this goal, but teachers are reminded of their responsibilityto keep the competitive spirit at a reasonable level. The reality of the adversarial system is thatone party wins and the other loses, and teachers should be sure to prepare their teams to be readyto accept either outcome in a mature manner. Teachers can help prepare students for eitheroutcome by placing the highest value on excellent preparation and presentation, rather than onwinning or losing the trial.

5. Observers: Other classes, parents, and friends of the participants are welcome to attend thetrials. However, please note that space in the courtroom is limited. The presiding judge mayask overflow observers to leave the courtroom. All observers must be seated during the trial.

6. Arrival Times: Teachers are responsible for getting their teams to the assigned courtroom15 minutes prior to the starting time of each trial.

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GUIDELINES FOR ATTORNEY COACHES

1. Much as you will want to help the students, point them in the right direction, and give themthe benefit of your experience, remember that the students will develop a betterunderstanding of the case and learn more from the experience if the attorney coaches donot dominate the preparation phase of the tournament. The preparation phase of thecontest is intended to be a cooperative effort of students, teacher and attorney coaches.

2. Avoid (even the appearance of) “talking down” to students and/or stifling discussion throughthe use of complicated “legalese.”

3. The first session with a student team should be devoted to the following tasks:

1. Answering questions that students may have concerning general trial practices;

2. Explaining the reasons for the sequence of events/procedures found in a trial;

3. Listening to the students’ approach to the assigned case; and

4. Emphasizing the key points, such as the elements to be proved, and the relevanceand importance of available legal authority.

4. Subsequent sessions with students should center on the development of proper questioningtechniques by the student attorneys and sound testimony by the witnesses. Here anattorney can best serve as a constructive observer and teacher...listening, suggesting anddemonstrating to the team.

5. Attorney coaches should not prepare opening statements, closing statements, or questionsfor the students. Students should be encouraged to do as much of their own preparationas possible.

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Florida High School Mock Trial CompetitionSCORE SHEET/BALLOT

P = Prosecution:__________________________ D = Defense:____________________________(Team Code) (Team Code)

Date:______________________ Round: (circle one) 1 2 3 4 F

Using a scale of 1 to 10, rate the P and D in the categories below.Do NOT use fractional points. Please use a ballpoint pen.

Not Effective Fair Good Excellent Outstanding1 2 3 4 56 7 8 9 10

Score Sheet/ Ballot P D

Opening Statement (________) (________)

Prosecution’s First Witness Direct Examination

Witness Presentation

(________)

(________) Cross Examination (________)

Prosecution’s Second Witness Direct Examination

Witness Presentation

(________)

(________) Cross Examination (________)

Prosecution’s Third Witness Direct Examination

Witness Presentation

(________)

(________) Cross Examination (________)

Defense’s First WitnessCross Examination (________)

Direct Examination

Witness Presentation

(________)

(________)

Defense’s Second WitnessCross Examination (________)

Direct Examination

Witness Presentation

(________)

(________)

Defense’s Third WitnessCross Examination (________)

Direct Examination

Witness Presentation

(________)

(________)

Closing Argument (________) (________)

Ethical Conduct (________) (________)

Team Performance (________) (________)

Column Totals: DO NOT TIE TEAMS (________) (________)Note: Any errors in ADDITION will be corrected by score room staff. Please review your individual scores and return to trial coordinator.

_______________________________________Judge’s Signature

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Florida High School Mock Trial CompetitionEXPLANATION OF RATINGS USED ON THE SCORE SHEET/BALLOT

Participants will be rated in the categories on the ballot on a scale of 1-10 points (10 being the highest), according totheir roles in the trial. The Scoring Judges are scoring STUDENT PRESENTATION in each category. TheScoring Judges are NOT scoring the legal merits of the case. Each category is to be evaluated separately andfractional points ARE NOT to be awarded. One team MUST be awarded more total points than the other. Theteam winning the majority of the ballots shall win the round.

Judging panels also may recognize outstanding individual presentations by selecting one MOST EFFECTIVEATTORNEY and/or one MOST EFFECTIVE WITNESS per round. The decision must be representative of themajority of the panel members.

Judges may NOT disclose the score sheet/ballot results or the identities of the Most Effective Attorney and/orWitness to anyone other than the mock trial coordinator. Sign your score sheet/ballot before turning it over to thepresiding judge on your panel. DO NOT ANNOUNCE SCORES OR RESULTS TO THE TEAMS DURINGTHE CRITIQUE!

POINT(S) PERFORMANCE CRITERIA FOR EVALUATING STUDENT PERFORMANCE

1-2 Not Effective

1. Exhibits lack of preparation/understanding of the case materials.2. Communication unclear, disorganized, and ineffective.3. Unsure of self, does not think well on feet, depends heavily on

notes.

3-4 Fair

1. Exhibits minimal preparation/understanding of the casematerials.

2. Communication minimally clear and organized, but lacking influency and persuasiveness.

3. Minimally self-assured, but lacks confidence under pressure.

5-6 Good1. Exhibits adequate preparation/understanding of the case materials.2. Communications are clear and understandable, but could be

stronger in fluency and persuasiveness.3. Generally self-assured, reads from notes very little.

7-8 Excellent1. Exhibits mastery of the case materials.2. Communication is clear, organized, fluent and persuasive.3. Thinks well on feet, poised under pressure, does not read from

notes.

9-10 Outstanding1. Superior in qualities listed for 7-8 points' performance.

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Florida High School Mock Trial CompetitionPRESIDING JUDGE BALLOT

Prosecution: ___________________ Defense: ___________________(Team Code) (Team Code)

Round#: _____________

Please make your decision, offer some written comments, and hand in this score sheetto the Timekeeper as soon as possible. Thank you for participating.

I. Performance Evaluation - MANDATORY

Performance Decision: In my opinion the better mock trial performance was shownby the

PROSECUTION / DEFENSE (Circle One)

This is a team performance score based on the clarity and effectiveness of argumentspresented and the professional demeanor exhibited by team members.

Note: Do not announce your performance decision.

II. Comments

_________________________________________________Judge’s Signature & Date

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Florida High School Mock Trial CompetitionMOST EFFECTIVE ATTORNEY FORM

(Mandatory)

This form is to be completed by All Judges

_____________________________________Date of Competition Round

____________________________________Enter Team Code

____________________________________Round

ATTORNEY

I wish to award the following teammember the title of

MOST EFFECTIVEATTORNEY

For this round:

____________________________Name of Team Member from Team Roster

Prosecution’s or Defense’s Attorney(Circle One)

____________________________________________________________Judge’s Signature

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Florida High School Mock Trial CompetitionMOST EFFECTIVE WITNESS FORM

(Mandatory)

This form is to be completed by All Judges

_____________________________________Date of Competition Round

____________________________________Enter Team Code

____________________________________Round

WITNESS

I wish to award the following teammember the title of

MOST EFFECTIVEWITNESS

For this round:

____________________________Name of Team Member from Team Roster

Prosecution’s or Defense’s Witness(Circle One)

____________________________________________________________Judge’s Signature

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Florida High School Mock Trial CompetitionLEGAL PROFESSIONALISM AWARD BALLOT

Teachers: Please complete this ballot as your official recommendation for the Legal Professionalism Award. Only one entry per school will beaccepted. You may wish to discuss with your students their feelings about the professionalism, spirit, and ethical conduct of other teams to aid inyour decision. Please refer to the definition and quotes about professionalism.

Teams should NOT nominate themselves.

Recommendation #1: _________________________________________________

Comments:

Recommendation #2: _________________________________________________

Comments:

Submitted By:

School:

District:

Signature:Two awards will be presented.

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Florida High School Mock Trial CompetitionCOMPLAINT FORM

(Please Print)

Date:_______________

Person Lodging Dispute/Complaint:_____________________________

Affiliated With: (Enter Team Code Only)

Nature of Dispute/Complaint:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

NOTE: This form may be used to inform the Mock Trial Coordinator and AdvisoryCommittee of any disputes or recommendations relating to the competition includingcomplaints regarding judges. Please be specific regarding the nature of the dispute.This form in no way replaces the dispute resolution process as outlined in the rules.

___________________________________________Signature

*Return to Box at Information Desk in Courthouse*

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Florida High School Mock Trial CompetitionTEAM DISPUTE FORM

Date: Round (Circle one) 1 2 3 4 Final

Prosecution: Defense: ___________________________(Team Code) (Team Code)

TEAM LODGING DISPUTE: _____________________________ (Enter Team Code)Grounds for Dispute:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Initials of Team Spokesperson: _______ Time Dispute presented to Presiding Judge:__________Hearing decision of Presiding Judge (Circle one): GRANT / DENY Initials of Judge: ________

Reason(s) for Denying Hearing or Response of Opposing Team:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Initials of Opposing Team's Spokesperson: __________

Presiding Judge's Notes from Hearing:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Decision of Presiding Judge Regarding Dispute (Circle one): Refer to Panel/Not Refer to Panel

Reason(s) for Presiding Judge's Decision:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

This form must be returned to the Mock Trial Coordinator along with the score sheets of theScoring Judges and the ballot of the Presiding Judge.

_______________Signature of Presiding Judge

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Florida High School Mock Trial CompetitionTEAM ROSTER FORM

Each Prosecution and Defense team should complete this sheet in triplicate. Copies are to bemade available to the judging panel (3 copies) before each round. The team code can befilled in after registration at the competition site.

Note: Do not place team or attorney coach or teacher coach identifying information on the formsused in competition rounds.

Please print or type

________________Team Code

In this round, students listed on this roster represent the:(Circle One)

Prosecution Defense

Names of Team Attorneys Identify Tasks to be Presented

_______________________________________________________________________________________

Names of Team Witnesses Identify Roles to be Performed

_______________________________________________________________________________________

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PROFESSIONALISM

The Florida Bar’s Standing Committee on Professionalism’s working definition of professionalism:

Professionalism is the pursuit of practice of the highest ideals and tenets of the legal profession. Itembraces far more than simply complying with the minimal standards of professional conduct. Theessential ingredients of professionalism are character, competence, and commitment.

Other thoughts on professionalism:

“...To me, the essence of professionalism is a commitment to develop one’s skills and to apply thatresponsibility to the problems at hand. Professionalism requires adherence to the highest ethical standards ofconduct and willingness to subordinate narrow self-interest in pursuit of the more fundamental goal of publicservice. Because of the tremendous power they wield in our system, lawyers must never forget that their duty toserve their clients fairly and skillfully takes priority over the personal accumulation of wealth. At the sametime, lawyers must temper bold advocacy for their clients with a sense of responsibility to the larger legalsystem which strives, however imperfectly, to provide justice for all.”

Justice Sandra Day O’Connor

“Professionalism is no more, and no less, than conducting one’s self at all times in such a manner as todemonstrate complete candor, honesty, and courtesy in all relationships with clients, associates, courts, and thegeneral public. It is the personification of the accepted standard of conduct so long recognized and observedby able lawyers throughout history, that a lawyer’s word is his bond. It encompasses the fundamental beliefthat a lawyer’s primary obligation is to serve his or her client’s interests faithfully and completely, withcompensation only a secondary concern, and with ultimate justice as the final goal.”

Don Jackson, former chair of the Senior LawyerDivision of the American Bar Association

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OATH OF ADMISSION TO THE FLORIDA BAR

The general principles which should ever control the lawyer in the practice of the legal profession are clearly setforth in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for thewillful violation to which disbarment may be had.

"I do solemnly swear:

"I will support the Constitution of the United States and the Constitution of the State of Florida;

"I will maintain the respect due to courts of justice and judicial officers;

"I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defenseexcept such as I believe to be honestly debatable under the law of the land;

"I will employ for the purpose of maintaining the causes confided to me such means only as are consistent withtruth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;

"I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept nocompensation in connection with their business except from them or with their knowledge and approval;

"To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in allwritten and oral communications;

"I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of aparty or witness, unless required by the justice of the cause with which I am charged;

"I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, ordelay anyone's cause for lucre or malice. So help me God."